Can a third party claim rights against the debtor after voluntarily performing the debt without the

After a third party performs the debt on behalf of the debtor, the debtor constitutes unjust enrichment, and the third party may claim rights against the debtor.

Article 92 of the General Principles of the Civil Law: "Where there is no lawful basis for obtaining improper benefits, causing losses to others, the improper benefits obtained shall be returned to the person who suffered the losses."

According to Article 79 of the Contract Law of the People's Republic of China, the creditor may transfer all or part of the rights of the contract to a third party, except in any of the following circumstances: (1) it shall not be transferred according to the nature of the contract; (2) It shall not be transferred in accordance with the agreement of the parties; (3) It shall not be transferred in accordance with the provisions of law.

Article 80 Where a creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective against the debtor. Notice of the assignment of rights by a creditor may not be revoked except with the consent of the assignee.

Rights cannot be asserted against the debtor, unless the debtor is willing to perform. Generally speaking, if the party accepts the performance of the obligation to another person knowing that it has no obligation, it will be regarded as a gift, and the return cannot be demanded on the basis of unjust enrichment.

Only when there is a clear agreement between the debtor and the creditor and the third party can the third party perform the responsibility on behalf of the debtor.

If the third party is jointly and severally liable, the creditor may choose to hold the debtor or the third party liable. After the third party performs, it may recover from the debtor.

If the third party bears non-joint and several liability, the third party has the right to refuse to perform. If the third party refuses to perform, the creditor shall require the debtor to bear the liability for breach of contract.

No. 1. It is unclear whether the debt has matured;

2. It is unclear whether there are prerequisites for debt performance;

3. The debtor's contingent defense rights have been infringed.

Legal Analysis: Depending on the situation, the following conditions need to be met: the creditor should obtain the consent of the debtor, establish the deed office, and the third party also accepts.

Legal Basis: Article 522 of the Civil Code of the People's Republic of China Where the parties agree that the debtor shall perform the debt to a third party, and the debtor fails to perform the debt to the third party or the performance of the debt does not conform to the agreement, it shall bear the liability to the creditor for violating the ambush agreement. Where the law provides or the parties agree that a third party may directly request the debtor to perform its debts to it, and the third party fails to expressly refuse within a reasonable period of time, and the debtor fails to perform the debts to the third party or the performance of the debts does not conform to the agreement, the third party may request the debtor to bear the liability for breach of contract; The debtor's defense against the creditor may be asserted against a third party.

The creditor shall obtain the consent of the debtor to form the contract, and the third party shall also accept it. The performance of a contract to a third party has the following legal characteristics:

1) The third party is not a party to the contract. The subject of such a contract remains unchanged, and it is still the creditor and debtor in the original contract, and the third party is only the person who accepts the creditor's rights, so the third party is not a party to the contract.

2) The parties to the contract agree that the third party accepts the debtor's performance. This kind of contract is often based on various reasons on the part of the creditor, so the creditor should have the consent of the debtor to perform the agreement to a third party to take effect.

3) The debtor must perform its contractual obligations to the third party designated by the creditor, otherwise, the effect of performance cannot be produced.

4) In principle, performance to a third party cannot increase the difficulty of performance and performance costs, and if the performance costs are increased, they can be determined by both parties through negotiation, but if the negotiation fails, it is caused by the creditor's reasons, and the debtor is not at fault, so from the perspective of fairness and good faith, the creditor should bear the increased costs. How to distinguish between assignment of creditor's rights and performance to a third party.

1. Assignment of creditor's rightsAssignment of creditor's rights, also known as "assignment of creditor's rights", refers to the transfer of all or part of the creditor's rights to the third party through the transfer of the creditor's rights without changing the content of the contract. The creditor's rights are all assigned to a third party, the third party replaces the original creditor and becomes the new creditor of the original contractual relationship, the creditor of the original contract loses the rights of the contract creditor due to the assignment of the contract, the creditor's rights are partially transferred to the third party, and the third party becomes the contract creditor and joins the original contractual relationship and becomes a new creditor, and the creditor's rights relationship in the contract is changed from one person to several persons or from several persons to multiple persons. The creditor who newly joins the contract shares the creditor's rights with the original creditor, and shares the joint and several creditor's rights.

2. The contract to be performed to a third party is a type of contract involving others. Article 522 of China's Civil Code stipulates that: "If the parties agree that the debtor shall perform the debt to a third party, and the debtor fails to perform the debt to the third party or the performance of the debt does not conform to the agreement, it shall bear the liability for breach of contract to the creditor."

Where the law provides or the parties agree that a third party may directly request the debtor to perform its debts to it, and the third party fails to expressly refuse within a reasonable period of time, and the debtor fails to perform the debts to the third party or the performance of the debts does not conform to the agreement, the third party may request the debtor to bear the liability for breach of contract; The debtor's defense against the creditor may be asserted against a third party. "A contract for performance to a third party, also known as a contract concluded for the benefit of a third party, refers to a contract in which the parties agree that the debtor will perform its obligations to the third party, and the third party will directly obtain the right to claim. For example, the policyholder and the insurer enter into an insurance contract, stipulating that the insurer shall perform to the insured and beneficiary as a third party, and the insured and beneficiary shall directly enjoy the right to claim insurance money.

An insurance contract is the most typical contract for performance to a third party.

Legal analysis: After the third party performs on behalf of the debtor, the creditor's claim against the debtor is transferred to the third party, and the third party can claim the corresponding claim against the debtor and require the debtor to perform the corresponding obligations.

Legal basis: Civil Code of the People's Republic of China

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The statute of limitations period shall be calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance is completed.

Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of obligations.

After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned.

Article 193:People's courts must not actively apply the statute of limitations.

Legal Analysis: Yes.

Conditions for substitution of performance by a third party: 1. The debtor and the third party have an agreement on substitution of performance; 2. It must be agreed upon by creditors.

Legal basis: Article 524 of the Civil Code If the debtor fails to perform the debt, and the third party has a legitimate interest in the performance of the debt, the third party has the right to accompany the creditor to perform the debt; However, according to the nature of the debt, according to the agreement of the parties or in accordance with the provisions of law, it can only be performed by the debtor.

After the creditor accepts the performance of the third party, its creditor's rights against the debtor are transferred to the third party, unless otherwise agreed between the debtor and the third party.

Legal Analysis: Yes.

Conditions for substitution of performance by a third party: 1. The debtor and the third party have an agreement on substitution of performance; 2. It must be agreed by creditors.

The law is based on:

Article 524 of the Civil Code If the debtor fails to perform the debt, and the third party has a legitimate interest in the performance of the debt, the third party has the right to perform on behalf of the creditor; However, according to the nature of the debt, according to the agreement of the parties or in accordance with the provisions of law, it can only be performed by the debtor.

After the creditor accepts the performance of the third party, its creditor's rights against the debtor are transferred to the third party, unless otherwise agreed between the debtor and the third party.