It is possible to Transfer Debt and even a Right.
Transfer Debt and even a Right. When we place ourselves in the assumption of being a creditor or debtor of an obligation, there is the possibility of transferring our debt to someone else or assigning our collection right.
The transfer of rights implies that the holder (transferor), transmits its mandatory relationship to the assignee, it should be mentioned that the assignment of credits includes all the accessory rights, except those that are inseparable from the transferor, either by its nature, by provision of the Law or because the parties came up with an agreement such as:
Debt transfer: it is the transfer of the obligation by changing the debtor, without changing the legal relationship established from the beginning. It is a way of transmitting obligations but not extinct them.
The effect of debt assignment is that it allows the change of the debtor’s persona, without the obligation being extinguished or ceasing to be the same, and the same individual right remains with the same object and same creditor.
It should also be clarified that to formalize a transfer of obligations and/or rights, it must be established in a private document signed by the transferor and the assignee before two witnesses, as an exception it must be recorded in a public deed if the action that gave rise to the obligation legally requires this formality.
Effects: (to Transfer Debt and even a Right) we must determine the cause that gave rise to the obligation which provoked the transfer, because although the transfer is made in exchange for a price, this produces, in principle, the effects of the sale, being the seller the transferor and the buyer the assignee; and if the transfer is free of charge it will produce the effects of a donation, however, the assignment has certain rules that can modify such effects.