Kötelezettségátvétel

Kötelezettségátvétel refers to the legal concept of assuming another party's debt or obligation. This typically occurs in situations where a new party agrees to take over the responsibilities of an original debtor or obligor. The process often requires the consent of the original parties involved, and in many cases, the creditor or beneficiary of the obligation must also agree to the substitution.

There are several scenarios where kötelezettségátvétel can arise. It is common in business transactions, such as mergers and acquisitions, where the acquiring company assumes the liabilities of the target company. It can also occur in loan restructuring or when one party takes over a lease agreement from another. The specific legal requirements and implications of kötelezettségátvétel vary depending on the jurisdiction and the nature of the obligation.

In essence, kötelezettségátvétel effectively releases the original obligor from their duty and places the responsibility squarely on the shoulders of the new party. This transfer must be clearly documented and legally sound to be enforceable. Failure to properly execute a kötelezettségátvétel can lead to continued liability for the original party or disputes over the validity of the transfer.