New features counter collectors The Ukrainian lenders, a new argument in the struggle with collectors, factoring companies - entities that bought the banks' loans to individuals and corporations. The Chamber of Commercial Cases Supreme Court decided number 40352211 from 08.19.2014 on the case №3-56gs14 that protect borrowers who are trying to apply the decisions of the courts received more of their banks. It decided that the Debt Recovery or factoring company does not get along with your credit inherited also the court's decision, which the bank (original creditor) got on your case - for example, for the recovery of the loan or collateral for the mortgage. According to the agreement between the bank and the collection company can pass the requirements set out in the initial agreement and not in the judgment obtained by the bank earlier. Simply put, the collector can not collect funds by court order obtained in favor of the bank, which he received credit agreement. In order for something to qualify, an organization that bought by the court's decision (by the way, it can be not only collection company, but simply another bank must again go through all the procedures and get your own judgment, but only for the remainder of the debt. And this is It gives a person the additional time, if the borrower has the desire to agree, in a stock he now has a year or two until a new decision on the remainder of the debt. In the first, third paragraph of Article 512 of the Civil Code provides that a creditor in the obligation can be replaced by another person in terms of the transfer of his rights to another party to the transaction (assignment of claims). The creditor in the obligation can not be replaced if it is established by contract or law. Assignment of a contractual transfer of the requirements of the original creditor and the new creditor takes place on the basis of transactions concluded between them, with the replacement of the creditor in the obligation is allowed during the lifetime of the commitments, if it is not contrary to the contract and is not prohibited by law. Therefore, the presence of a court decision on the satisfaction of the creditor, not the debtor, does not stop obligating legal parties to the contract, so the replacement lender liability by assignment of claims with an indication in the contract scope of the obligation which is transferred, under implementation of the judgment does not limit the civil rights of participants legal disputes and does not affect the validity of the assignment. The Court also found that based on the content of the contested contract, its subject is the assignment of rights to the decision of the Economic Court of the Kherson region, in which a debtor is collected not only the amount payable under the supply agreement, as well as court costs. Under this condition, the assignee of the contract have the right to require the debtor to the proper enforcement of the judgment. In accordance with Article 115 of the Code of Civil Procedure of Ukraine solutions, decision of the Economic Court, which entered into force are binding on the entire territory of Ukraine and carried out in accordance with the Law of Ukraine "On Enforcement Proceedings". Since the execution of court decisions is an integral step in the process of justice, then replace the part at this stage can not take place except on the grounds and in the manner determined by the Code of Ukraine and the Law of Ukraine "On Enforcement Proceedings", which regulates the conditions and procedures for the execution of court decisions, in accordance with the law shall be enforceable in the event of failure of their voluntarily. Part five of Article 8 of the Law of Ukraine "On Enforcement Proceedings" stipulates that in case of withdrawal of one of the parties state performer on his own initiative or at the request of the parties, as well as itself an interested party may apply to the court to replace the party by its successor. For the successor all acts committed before its entry into the enforcement proceedings are required to the extent that they would be binding on the parties, which is the legal successor replaced. In this issue of replacing the part of its legal successor, including in the case of a replacement lender commitment is decided solely by the court in the manner prescribed by Article 25 of the Civil Procedural Code of Ukraine. In summary, replacing the creditor in the obligation as the obligation itself, it is an institution of civil law, and the relations connected with the execution of the judgment, the nature of the civil law there. Therefore, at the conclusion of the disputed contract assignment of parties to the case, which is being revised, without replacing the creditor in the obligation in the manner prescribed by applicable law, in fact, replaced the claimant at the stage of execution of the judgment, despite the fact that the assignment of the rights of the claimant by the court through the conclusion of civil transaction is not provided by the current legislation. Solution APU №3-56gs14 summarizes and organizes a whole array of legal disputes and enables lawyers to lenders to successfully counter collectors and banks additional time.