In the event that a breach of a non-transfer clause is motivated by an alleged assignment, the assignee could report to the assignee all the proceeds he receives from the debtor (Re Turcan (1889) 40 J-C 5). According to R M Goode, this approach would be justified by the fact that once the creditor has the product in hand, he would therefore have no say in the substance (“Legal Problems of Credit and Security,” 14th Edition, 2009, at para. 3 and 40). Commentators were asked to stress the importance of this aspect in cases where the client becomes insolvent. In this case, the accountability of the assignee would effectively give the assignee a priority right to insolvency with respect to the outstanding debt (2000) JBL 422( 6.9. The agent complies with the obligations set out in 12.1 of the Terms of Sale not to contact the borrower because of the assignment of the debt and to contact the borrower directly even if the agent recalls all or part of the authorization contained in the agreement. [title, registration number] who is the lender and beneficiary of the transfer of the right to the partner who then participates as the receiver of assignment and administrator of the claim before the agent under this agreement and who fulfills the other responsibilities defined under the terms of Platform i. The operational transfer letter provided for the full repayment of the advance, plus interest in the event of a breach of the guarantee. For simplicity`s sake, it is easier if the date of the transfer is an interest payment date. Otherwise, interest that is incurred but not paid must be calculated. 6.1. As soon as the claim has been transferred by the partner to the agent in accordance with item 2.6 of the Terms and Conditions, the agent as a contracting entity irrevocably authorizes the partner as an agent to manage the claim in the interests of the agent, but in his own name, as well as to use the rights, powers and freedom of action conferred on him under the agreement, on behalf of the agent conferred on him under the contract. After the contract is concluded, the partner continues to fulfill the obligations under the loan agreement and to the borrower as a lender (trust).
They must verify whether the transfer of the loan is authorized by the original loan agreement, since some loan contracts contain a prohibition on transfer, or that it may be necessary to obtain the borrower`s agreement before the transfer. Simply Docs Short- und Long Form Loan Agreements authorize the transfer by the lender. 11.3. The originator of the loan is required: if the contract is terminated in accordance with point 13.1 or 13.2 of the General Terms of Sale or, in the event of the insolvency of the credit initiator or a delay in payment by the originator of the credit, in accordance with the cooperation agreement concluded by the Foreigner, the partner and AV Marketplace unilaterally exercise the redemption rights and obligations arising from the right granted by the agent by the contract by paying a refund to the agent.