Правовые последствия перехода прав займодавца по договору конвертируемого займа

Abstract

Introduction. The paper analyzes the legal consequences of the transfer of the lender’s rights under a convertible loan agreement. Purpose. To consider four blocks of issues: the specifics of the legal regulation of the transfer of rights under a convertible loan agreement; the characteristic features of the assignment of a claim under a convertible loan agreement are determined; the features of the transfer of the lender’s rights under a convertible loan agreement are identified on the grounds provided for by law; and the convertible loan agreement is considered in connection with the implementation of the principle of stability of the corporation’s activities. Methods. The methodological framework for the research is based on the methods of scientific cognition, including such main ones as the methods of consistency, analysis, and comparative law. Results. The civil legislation of the Russian Federation mainly provides for two grounds for transferring the rights of a creditor to another person: making a corresponding transaction, called “assignment of a claim,” and the law (Paragraph 1 of Article 382 of the Civil Code of the Russian Federation). Conclusions. It is established that both grounds are equally relevant for a convertible loan agreement and require special scientific analysis.