Issue: № 9, 2025
Doi: https://doi.org/10.37634/efp.2025.9.2
The paper examines the features of the assignment of the right to claim a debt at the stage of enforcement proceedings for its collection. It is separately emphasized that the conclusion of agreements on the assignment of the right to claim is possible at all stages of the existence of a monetary obligation - in particular, both before the entry into force of the court decision on debt collection and after such entry into force. However, at the stage of execution of a court decision (implementation of enforcement proceedings) on debt collection, such assignment of the right to claim debt collection has certain features, which is associated, first of all, with the mandatory execution of the court decision. That is, if before the adoption of a court decision on debt collection, the debtor does not care who will carry out the execution - the old or new creditor - then if there is such a decision, it must be executed in favor of the person specified in the decision, otherwise the decision will not be considered executed. Therefore, in fact, procedural succession occurs only as a result of the adoption of a court decision on the replacement of the party. After the court decision becomes final, this can happen either when the enforcement proceedings are actually carried out (Part 1 of Article 334 of the Commercial Procedure Code of Ukraine), or when the enforcement proceedings are not actually carried out, but the possibility of opening them has not been lost (Part 5 of Article 334 of the Commercial Procedure Code of Ukraine). In the case when the enforcement document does not legally exist and cannot exist, there is no reason to change the collector in enforcement proceedings, which is procedurally impossible. This happens, in particular, in the case of the impossibility of enforcing the court decision in the absence of grounds for renewing the terms for the enforcement of the enforcement document. That is, in the case of the impossibility of enforcing the court decision in the absence of grounds for renewing the terms for presenting the enforcement document for execution, the legal successor cannot be replaced in enforcement proceedings that are not carried out.
Keywords : debt, assignment of debt, debt collection, court decision, enforcement document, enforcement proceedings
References:
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2. VS/KHS: The replacement of the creditor in the obligation, as well as the obligation itself, is an institution of civil law, and the relations related to the execution. 17.07.2018. URL: https://if.arbitr.gov.ua/sud5010/pres-centr/news/523834/ (in Ukrainian).
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4. Unified State Register of Court Decisions. URL: https://reyestr.court.gov.ua/Review/ (in Ukrainian).