1. Any creditor, even if their right is not yet due for performance, may exercise, in the name of their debtor, all of the debtor's rights, except those that are strictly personal thereto or not subject to attachment. 2. The creditor's exercise of their debtor's rights shall not be admissible unless they prove that the debtor has failed to exercise those rights and that such failure is likely to lead to their bankruptcy or insolvency, or aggravate their bankruptcy or insolvency. The debtor shall be joined in the claim. 3. The creditor shall be deemed to act as a representative of their debtor in exercising such rights, and any benefit resulting from the exercise of those rights shall accrue to the debtor's assets and shall constitute security for all the debtor’s creditors.
Interpretation and application must be checked against the official text and current version.