Проблемы исполнения обязательства при оспаривании уступки права требования

Abstract

In this article, the author analyses the current state of the institution of assignment through the prism of fulfilment of an obligation of debtors in the conditions of contesting the assignment agreement. The author states that the existing provisions of the Bankruptcy Law grossly and unreasonably violate the basic principles of the institution of assignment. In particular, this leads to a violation of the principle «the position of the debtor cannot be worsened by the assignment of the right to claim». The author comes to the conclusion that if this principle is consistently followed, then a balance of interests is possible, in which the debtor is obliged to exercise due diligence in relation to the circumstances associated with the invalidity of the transaction for the direct transfer of the assigned right. Based on this principle, in the conditions of challenging the assignment agreement, the debtor must in any case be considered in good faith if there is a decision that has entered into force on the validity of the assignment of the right to claim.