Title 2
in forceAssignment of claims and debts and waiver of claims
Section 1
Consequences of the transfer of claims
Upon the transfer of a claim to a new creditor, the latter acquires the accessory rights associated therewith, such as rights of pledge and mortgage…
In the event of a transfer of a claim, the previous creditor is obliged to hand over to the new creditor the evidentiary documents relating to the…
If the transfer of a claim entails that obligations arising from the capacity of creditor or from accessory rights pass to the new creditor, the…
The transfer of a claim shall be without prejudice to the defenses of the debtor.
After a transfer of a claim to bearer or to order in accordance with Article 93 of Book 3, the debtor may not raise a defense, based on his…
In the event of the transfer of a paper to bearer or to order, the person who according to that paper is the debtor, and to whom it can be attributed…
Articles 146 and 147 apply mutatis mutandis in the event of the creation of a limited right (beperkt recht) in a claim to bearer or to order.
If, after the transfer of the claim under particular title, the debtor exercises a power against the original creditor to annul or dissolve the legal…
Section 2
Subrogation
A claim passes by way of subrogation to a third party:
Subrogation in accordance with Article 150 does not take place insofar as the debt concerns the third party in his relationship to the debtor.
If recovery by virtue of subrogation in accordance with Article 150 proves to be impossible in whole or in part, the unsatisfied part shall be…
In the event of subrogation in the principal claim, the subrogated party acquires the right to the stipulated interest only insofar as it relates to…
The creditor is, towards the person who will be subrogated if he satisfies the claim, obliged to refrain from any conduct which, at the expense of…
Section 3
Assumption of debt and transfer of contract
A debt passes from the debtor to a third party if the latter assumes it from the debtor. The assumption of debt shall only have effect against the…
If the creditor has given his consent to a transfer of debt in advance, the transfer shall take place as soon as the debtor has reached an agreement…
The accessory rights attached to the claim shall, after the time of the transfer, be exercised against the new debtor instead of against the former…
If the legal relationship between the previous and the new debtor on the basis of which the debt was assumed is void, annulled or dissolved, the…
A party to an agreement may, with the cooperation of the counterparty, transfer its legal relationship to the counterparty to a third party by means…
Section 4
Renunciation and merger
An obligation is extinguished by an agreement between the creditor and the debtor, whereby the creditor waives his right of action.
An obligation is extinguished by confusion (vermenging) when, through the transfer of the claim or the debt, the capacity of creditor and that of…