Regarding the effects on other third parties (. B for example, the creditors or directors of the seller and the debtor), the Rome I settlement does not resolve this issue (C-548/18). In this context, the proposed regulation of the European Parliament and the Council on the law on the effects of third-party rights (COM (2018)96 final, Brussels, 12.3.2018) provides, in Article 4 (unless the otherwise stipulated in the regulation), that the third party may be transferred under the legislation of the country in which it has its usual residence. Please note that this proposal is not yet in force. The bonds represented in a registered form are transferred either by the approval of the title in question or by an ordinary assignment. Debt securities. The obligations presented in the registration form are transmitted by invoice transfer in addition to the execution of the transfer contract. 4.7 Transfer restrictions; Responsibility to the debtor. Can such restrictions normally be applied in your area of jurisdiction if one of the restrictions in question 4.6 is binding or if the debt contract expressly prohibits the assignment of debts or “seller`s rights” from the debt contract? Are there exceptions to this rule (for example. B for contracts between commercial companies)? If your jurisdiction recognizes restrictions on the sale or transfer of debts and the seller nevertheless sells claims to the buyer, is the seller or buyer liable to the debtor in the event of a contract or wrongdoing or on any other basis? The Act of July 23, 1908 on the invalidation of rising loan contracts stipulates that any loan that sets an interest rate significantly higher than the normal rate and which, in the circumstances of the case, is manifestly disproportionate, is invalid. The interpretation and application of this general parameter was analyzed in a Supreme Court decision on consumer transactions. The Tribunal found that the annual percentage should be compared to the “normal rate.” This last point relates to statistics published by the Bank of Spain on the interest rates applied by credit institutions in Spain. This decision contains objective criteria for determining whether an interest rate is considered a usury.
4.1 Sales methods in general. In your jurisdiction, what methods are common for a seller to sell receivables to a buyer? What is the usual terminology – is it called sales, transmission, assignment or something else? On the tax side, the transfer of a mortgage (either through a property or a personal asset) will in fact be public (“escritura”) to stamp duty.