ON THE POSSIBILITY OF TRANSFERRING SOME OF THE CONSUMER’S RIGHTS TO THE BUSINESS ENTITY ON THE BASIS OF THE CONTRACT OF ASSIGNMENT OF RIGHTS (CESSION)

At the heart of this paper lies collecting of debts as a new type of business activity including collecting of consumer penalties. In this article the possibility of assignment of some consumer’s rights to an entrepreneur under the contract of assignment of rights is discussed. Author’s research concerns the doctrinal facets of assignment of money debts. Particularly the analysis of contract and positive penalty as a marketable money debts is at the stake of this article. The controversial issues of transfer of right to demand payment of consumer penalty from consumer to an entrepreneur are considered here. The author proves the acceptability of transfer of any consumer right in money debt from consumer to an entrepreneur. Author’s conclusions are based on the law doctrine and judicial practice which recognise lawfulness of separate assignment of penalty debt independently from the main contract. The latest decisions of Russian Supreme Court are given in this article.