The main purpose of the debt transfer is to obtain reimbursement of payments made by that person in respect of a legal right to the person who preferred the payments (“subpayers”). Rosenbaum v. Goodman, 78 Va. 121 (Va. 1883). Note that the contractor must have made some thought to assume this role and may not have more rights than the person for whom the contractor is being replaced. A person cannot claim rights by transfer of a claim from another person beyond the rights he had. Co. v. Smith, 235 MB. App. 552 (MB.
Ct. App. 1940). Once this has been done, the contractor becomes the claimant and has all rights to pursue or settle such claim, subject to any change that the counterparty may have asserted against the original claimant. A person who pays a mortgage if the original debtor does not pay can obtain all the rights according to the doctrine of the transfer of debt. However, the entire mortgage should be paid by the person. The ins of Merchants. Co. v.
Herber, 68 Minn. 420 (Minn. 1897). The person must also have some kind of interest in the property that is mortgaged. The person paying the debt is replaced by the original creditor. The person making the amounts available may enforce the security against the original debtor for repayment. As a general rule, the person paying the sums is a person who pays a mortgage to protect his or her own interest in the property or because he or she is secondarily liable for the debt or debt relief of the right of pledge. Countries that have inherited the common law system generally have a doctrine of transfer of claims, although their doctrinal basis in a given jurisdiction may derogate from that of other jurisdictions, depending on the extent to which justice in that jurisdiction remains a separate legal system. Real estate payments: with regard to real estate, a person interested in a property can pay the taxes and taxation due by another on the land. The person will prevail over the right of pledge of the State or public tax bodies.
Willmon v. Koyer, 168 Cal. 369 (Cal. 1914). As a general rule, these transfer duties are granted by law. But note that to avoid being a volunteer, if there is no written agreement for the transfer of debts, no person can pay taxes or taxation on real estate that does not interest that person. Pacific Tel. &Tel. Co.
v. Pacific Gas &Electric Co., 170 Cal. App. 2d 387 (Cal. App. This is dist. 1959). In the absence of prior agreement, the transfer of the claim may be refused even if the party has paid taxes at the request of the owner of the immovable. .