Commentary to article 342. Proof of the new creditor's rights  The Civil Code of the Republic of Kazakhstan  

The provisions of the commented article relate to the rules on the obligation of a new creditor to notify the debtor in writing of the transfer of rights (see the commentary to art. 339 of the Civil Code). Based on the norm of clause 3 of Article 339, it can be concluded that in the case provided for in this article, the obligation to provide the debtor with evidence of the transfer of the claim is assigned to the new creditor.

Usually, as proof, it is enough to present to the debtor an assignment agreement or a document on the occurrence of a circumstance that led to the transfer of the right of claim by virtue of the law (or send him copies of these documents). In some cases, it is necessary to provide evidence that this particular person is the new creditor (passport, identity card, power of attorney, etc.).  

If the new creditor fails to provide evidence of the transfer of the right, when the debtor refuses to execute because of this, the creditor is overdue (see comment to art. 366 of the Civil Code).

The original creditor is obliged to provide the new creditor with the opportunity to provide the debtor with evidence of the transfer of the claim. Failure to fulfill the obligation to transfer documents certifying the right of claim can be considered as failure to fulfill obligations arising from the assignment or legislative acts on the basis of which the transfer of rights takes place.

The documents certifying the right of claim can be very different (texts of the contract, receipts, receipts, acceptance certificates, etc.). Documents certifying not only the basic requirement, but also all the rights attached to it must be submitted. In the absence of the necessary documents, the new creditor may refuse to accept the claims transferred to him.

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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.  

Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.

Deputy head Professor Basin Yu.G.