Ananyev R.V. The Legal Consequences of the Transfer of the Lender’s Rights Under a Convertible Loan Agreement
DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.4
Roman V. Ananyev, Judge, Arbitration Court of the Volga District, Krasnoselskaya St, 20, 420066 Kazan, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4486-8974
Introduction. The paper analyzes the legal consequences of the transfer of the lender’s rights under a convertible loan agreement. Purpose. To consider four blocks of issues: the specifics of the legal regulation of the transfer of rights under a convertible loan agreement; the characteristic features of the assignment of a claim under a convertible loan agreement are determined; the features of the transfer of the lender’s rights under a convertible loan agreement are identified on the grounds provided for by law; and the convertible loan agreement is considered in connection with the implementation of the principle of stability of the corporation’s activities. Methods. The methodological framework for the research is based on the methods of scientific cognition, including such main ones as the methods of consistency, analysis, and comparative law. Results. The civil legislation of the Russian Federation mainly provides for two grounds for transferring the rights of a creditor to another person: making a corresponding transaction, called “assignment of a claim,” and the law (Paragraph 1 of Article 382 of the Civil Code of the Russian Federation). Conclusions. It is established that both grounds are equally relevant for a convertible loan agreement and require special scientific analysis.
Key words: convertible loan agreement, assignment of the right of claim, principle of stability of corporate activities, transfer of rights under the agreement, borrower, obligation.
Citation. Ananyev R.V. The Legal Consequences of the Transfer of the Lender’s Rights Under a Convertible Loan Agreement. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 4, pp. 30-37. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.4
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