Year: 2025
Type: article
Abstract: The law provides for circumstances in which the creditor’s rights under the obligation are transferred to another person. In particular, the court may decide to transfer the rights, if such a possibility arises from the law. Using formal, logical and systematic methods, the article examines cases of a court ruling on the transfer of a creditor’s rights to another person, including in the exercise of pre-emptive power to acquire property and the fulfillment of a voluntarily assumed obligation to cede the right. It is proved that the studied translation of law relates to the administration of justice in a pre-contractual dispute, notable for the fact that the will of the parties is considered to be committed only in the presence of a judicial act. The court’s decision is endowed with the qualities of an element of the legal composition that generates the desired legal consequences, namely, an external change in the obligation. The so-called constitutive theory of the exercise of pre-emptive right has been criticized. According to the author, this theory does not take into account that the violated preemptive power is protected by one of two transformative lawsuits: on coercion to transfer the contract (compulsory succession) or on compulsory redemption of property rights. The court’s decision on the first claim leads to an external change in the obligation, since the second is brought in the event of termination of the contract under which the property right was acquired, forcibly redeemed under another contract. Conclusion. The norm of sub-paragraph 2, paragraph 1 of Article 387 of the Civil Code is designed for two groups of cases of singular Russian succession: 1) the court makes a decision on the claim for the fulfillment of the obligation arising from the law to conclude an agreement on the assignment of rights; 2) the court’s decision by virtue of the law is necessary for the fulfillment of a voluntarily accepted obligation to assign the right. In these cases, the court decision produces a transformative effect as an element of the legal composition, entailing an external change in the obligations legal relationship.
Source: Journal of Russian Law
Author: Vladislav Gruzdev
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4409509563