Agreement on the enrollment of counterclaims of the same kind
It often happens that two enterprises, partners, cooperating for a long time, about which they have an agreement, may have certain obligations to each other under other agreements.
For example, we can talk about debt obligations: under one contract, one party is a debtor, and in another contract, the same party will be a creditor. When such cases occur between two subjects, it is possible to conclude such an agreement.
Our experts offer to get acquainted with the answers to popular questions of regular customers of our service.
If it is necessary to draw up an individual agreement on the enrollment of homogeneous counterclaims, we recommend that you use the Consultant legal services service to order a turnkey document.
Specifics of the agreement on the enrollment of homogeneous claims
The agreement is not widespread enough among Ukrainians, although professional lawyers are definitely familiar with it live. Many business entities, or rather their management, may not be aware of this type of agreement, which could eliminate two problems: their own debt and the counterparty's debt.
In accordance with Article 601 of the Civil Code of Ukraine, a party has the right to repay its debt, terminate its obligation under the agreement, if the creditor, in turn, is the debtor of this party under another agreement - the obligation is terminated by the transfer of counter homogeneous claims (cession).
By legal nature, the termination of an obligation by crediting a counterclaim is a unilateral agreement, which is formalized by a statement by one of the parties.
The structure of the treaty is indeed complex. That is why the practice of lawyers is very often filled with support for the conclusion of such agreements. Indeed, it is not so easy to deal with all the provisions and legislative norms on your own.
Requirements for an acceptance agreement
In order to have grounds for concluding such an agreement, it is necessary to meet certain criteria, such as:
be mutual (a creditor under one obligation is a debtor under another, and a debtor under the first obligation is a creditor under the second);
be homogeneous (claims to transfer things of the same kind can be credited, and therefore crediting as a method of termination is usually applied to obligations to transfer generic things, in particular money).
the deadline for fulfilling such requirements has come, is not established or is determined by the moment the demand is presented
at the same time, another important condition for the transfer of counterclaims is the indisputability of the credited claims, namely the absence of a dispute regarding the content, conditions for fulfillment and the amount of obligations.
At the same time, there are a lot of examples of such agreements, that is, in fact, it can contain a very large number of very different norms that do not violate the law. That is why lawyers advise drawing up an agreement template in order to 100% take into account all the features of the work and reduce the risks for the parties to the agreement.
Template of an agreement on the acceptance of counterclaims of the same kind
The best specialists in the field of contract law are already ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase an agreement template for the enrollment of homogeneous claims! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.
