Assignment of debt / credit in Poland
Pursuant to the article 509 of Polish civil code - a creditor can, without the debtor's consent, transfer a claim to a third party (assignment) unless the same is contrary to the law, a contractual stipulation or the nature of the obligation.
In Poland the assignment contract is therefore signed between the assignor of a claim (assignor) and the assignee. The debtor is therefore not the party to such a contract unless the contract between the creditor and the debtor excludes the possibility of transferring the claim to a third party. The form of an assignment contract should correspond with the form of a claim. Pursuant to the art. 511 of the cc - if a claim is stated in writing, its assignment should also be stated in writing. The time of the transfer of a claim is the time of signing a contract (with exception to a claim concerning bearer instruments and secured by mortgage).
Disposal of a clam is not allowed when the specific regulation, the contractual stipulation or the nature of the obligation excludes such a possibility. Transfer of a claim cannot lead to a deterioration of the debtor's situation. The statutory prohibitions to the disposal of a claim include:
- prohibition of the disposal of the clams provided for in art. 444-448 of the cc.
- clams concerning a buy-back right
- claims concerning a right of first refusal
- claims concerning a life annuity contract
The assignment of a claim transfers to an assignee all the rights related to the claim, especially a claim for outstanding interest.