Forderungsabtretungen

Forderungsabtretungen, also known as assignment of claims, is a legal transaction where a creditor, the assignor, transfers a right or claim they hold against a debtor to a third party, the assignee. This transfer is typically done through a contract between the assignor and the assignee. The assignee then steps into the shoes of the original creditor and has the right to demand payment or performance from the debtor.

The purpose of a Forderungsabtretung can vary. It is often used in financing, where a company may sell its outstanding invoices to a factoring company to obtain immediate liquidity. It can also be used to settle a debt, where a creditor might assign a claim they have against someone else to a debtor as a form of payment. In some cases, it can be a way to transfer contractual rights or obligations, although this may require the consent of the original contracting parties.

For a Forderungsabtretung to be valid, certain conditions must generally be met. The claim being transferred must exist and be legally transferable. The assignment itself must be clearly stated, and the assignor must intend to transfer their rights. In many legal systems, the debtor must be notified of the assignment. This notification is crucial because it informs the debtor who they now owe the debt to and prevents them from making a valid payment to the original creditor after the assignment. Unless otherwise agreed, the assignee acquires the claim with all its associated rights and burdens, such as any collateral or defenses the debtor may have had against the assignor.