Commentary to article 343. The debtor's objections to the claim of the new creditor of the Civil Code of the Republic of Kazakhstan
Since the assignment of a claim occurs without the consent of the debtor, he must be able to protect his rights so that his situation does not worsen. The debtor may, for example, refer to the full or partial fulfillment of the obligation, the omission of the limitation period, to demand the offset of the counterclaim (see art. 370 CC and commentary to it), etc.
Only those objections of the debtor that were at the time of receipt of the notification of the assignment of the claim are taken into account. Therefore, if the debtor has the right to set off a counterclaim against the original creditor after receiving the notification, the debtor no longer has the right to make a claim against the new creditor.
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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.
