Mgr. ANNA VEJMELKOVÁ, advokát

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Debt Transfer vs. Debt Accession

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Understand the difference between debt transfer and debt accession in Czech law. Guide, examples, legal tips and contract templates.

What is it and what’s the difference

Two legal tools for shifting or extending debt liability:

  • Debt transfer: new debtor replaces the original

  • Debt accession: new debtor joins the original – both are liable


Legal background

Based on Sections 1892–1899 of the Czech Civil Code


🔁 Debt Transfer – main features
  • Original debtor is replaced

  • Requires creditor’s consent

  • Used in business transfers, refinancing, asset sales


➕ Debt Accession – main features
  • New debtor joins the original

  • No consent from original debtor needed

  • Both are liable jointly and severally

  • Used in personal guarantees, joint loans


Common mistakes
  • No written contract

  • Confusion between transfer and accession

  • Missing consent where required

  • Incomplete specification of scope (partial/full)

  • Forgetting impact on collaterals


Practice tip

Always state clearly:

Who owes what, to whom, how much, and under what legal title.


Templates available – symbolic fee

I offer Czech-English templates for:

  • Debt transfer agreement

  • Debt accession agreement

  • Optional hybrid versions

Contact me for fast, enforceable solutions.

FINAL THOUGHTS – WHAT NOW?

A debt transfer agreement or debt accession agreement isn’t just a formality – it’s a legal shield, if drafted properly. And a trap, if not.

Do you want to be sure your contract will hold up even in a crisis? Get in touch and let’s schedule a meeting. I am a specialist on contract law – more information here

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