A CLAIM, IS IT POSSIBLE TO SELL IT? - SERVICE

What debt can be sold?

The Civil Code confirms this possibility in Art. 509, under which the creditor is entitled to assign his claim to a third party even without the consent of the debtor. However, as is often the case, there are exceptions to the general rule and also in this case the legislator distinguished types of claims that are excluded from legal circulation and therefore cannot be sold.

Non-transferable claims - types

Non-transferable receivables provided for by the Act that cannot be sold are:

Claim resulting from the employment relationship - salaries, commissions

Right of redemption

Personal easements

The right to life imprisonment

Preemption

Claims arising from personal injury

Non-transferable claims provided for in the contract

In the contract with the debtor, the creditor may include a clause excluding the possibility of transferring the claim (sale), which is the subject of a given contract. Such a regulation is provided for in Art. 514 of the Civil Code, according to which "if the claim is confirmed in a letter, the contractual reservation that the transfer cannot take place without the debtor's consent, is effective against the buyer only if the letter contains a note of this reservation, unless the buyer knew about the reservation at the time of the transfer ".

Other restrictions on the sale of receivables

Sometimes the essence of a legal relationship is to make a service for a specific, individually designated person. In such a case, the sale of the debt cannot be considered valid. A classic example of such a situation is the maintenance obligation or the right to a pension.