And if the obligation is discharged, the developer is no longer a debtor of the obligation. Obligations as party to share construction are fulfilled from the moment of payment in full of money under a contract signed by the parties and the transfer deed. You can also assign its rights after the execution of obligations to pay money prescribed in the contract. There is also an alternative procedure for concessions - a conversion of debt to equity construction of a new party. Assignment agreements shall be in writing and shall be subject to compulsory state registration EGRP. Why worry? The contract of assignment of the claim is no worse and no better than the other: you can not say that its members more or less than the average disappointed. Some of the "safety" can still be formulated.

As at the conclusion of any contract, make a decision about whether to buy or not buy an apartment, you can only after careful consideration of the proposed agreement and accompanying you documents. If you purchased the subject of participatory construction prior to the law 214 "On shared construction of" the contract of assignment or transfer of requirements can be both at the construction site, and in period between the reception of the object and the signing by the parties act on the results of the investment project. If you acquired the object of shared construction prior to the law of participation in share construction, ie, signed an agreement in writing, which is not subject to the norms of this Law, register the transfer of rights (concession law) is not necessary. Enough to conclude an agreement in simple writing (or notary) and notify the developer of the transfer of rights held by the new entity. After deciding on the alienation of rights should apply to the developer, if you have not yet paid the full cost acquired square meters, as in this situation, to conclude a contract assignment requires the consent of the developer. Such a demand is made in accordance with Art.

391 Civil Code, according to which the transfer (assignment) of debt requires the prior consent creditor - in this case, the builder. And for those who are married, lawyers strongly recommend to get from her husband written notarized as they consent to the transaction for the disposal of rights under the contract, and the acquisition of rights. Under the Family Code (Art. 34 and 35), all of a matrimonial property carried with them a joint agreement. In Otherwise, the transaction is subject to appeal. According to experts, the contract of assignment of the claim necessarily must contain: - a reference to the original contract, the rights are inferior to - obligation the original creditor to notify the builder of the ongoing transfer of rights - the duty to pass new lender documents certifying the right requirements, and provide information relevant to the implementation requirements - size, timing and method of payment for the ceded right. Do not forget that you can only transfer existing law, and it arises from the seller, after payment in full. In other words, if the owner of the apartments to be built, selling it to you today, before something underpaid its obligations, the debt will be transferred to you. Published in the weekly number 24 'Dom.Stroy' (from 23.06.2010g.)