What is the difference between European style and American style claims?

Their difference is in character.

The so-called set-off is that if the parties owe debts to each other, but the species, quality and even quantity of the subject matter are not the same, the set-off shall be made after negotiation between the two parties. On the one hand, debt offset can save the trouble of mutual payment between the two parties and save the cost of repaying debts; On the other hand, the validity of the claim can be guaranteed, so as to avoid the risk of damage to the first repayer, especially in the bankruptcy proceedings, when the bankrupt has an objection to the creditor's claim, its creditor can offset and forgive its own debt, so that it is in a priority position for repayment. There are two types of debt set-offs: statutory set-offs and agreed set-offs.

Article 99 of the Contract Law stipulates that if the parties owe each other debts due to each other, and the subject matter of the debts is of the same type and quality, either party may offset its own debts with the debts of the other party, unless it is not allowed to be offset in accordance with the provisions of the law or in accordance with the nature of the contract. Where a party claims set-off, it shall notify the other party. Statutory set-offs shall not be subject to conditions or time limits.

According to Article 99 of the Contract Law, if the parties owe each other debts due to each other, and the subject matter and quality of the debts are the same, either party may offset its own debts with the debts of the other party, except where it is not allowed to be offset in accordance with the provisions of law or the nature of the contract.

Claims that cannot be set off by the nature of the contract are as follows:

1) Property rights arising from identity relationships, such as the right to claim maintenance, the right to agree on marital property, etc.;

2) the right to claim compensation for damages arising from the infringement of personal rights;

3) the right to prohibit assignment, such as the right to claim relief;

4) the right to prohibit seizure, such as the right to claim labor income necessary for subsistence;

5) A certain right of the right, for example, if the debtor does not rent the house, the creditor shall not subrogate it.

Claims that are not transferable by law: contractual claims that cannot be assigned according to the nature of the contract, claims that cannot be assigned according to the agreement of the parties, and claims that cannot be assigned in accordance with the law.

According to Article 79 of the Contract Law of the People's Republic of China, the following three types of claims shall not be assigned:

1) Contract claims that are not transferable according to the nature of the contract. Including: claims arising from personal trust relationships.

Such as claims arising from employment, entrustment, lease and other contracts; Claims that exist solely for the benefit of a particular creditor. For example, contractual claims that are specifically designed to teach a foreign language to a specific person; Not as a claim. For example, non-compete agreements; Claims that are subordinate rights.

For example, a secured claim may not be assigned separately. However, if the subordinate right can be separated from the main right and exist separately, it can be transferred. For example, an interest claim that has already accrued can be separated from the principal claim and assigned separately.

2) Claims that may not be assigned in accordance with the agreement of the parties. The parties may specifically stipulate in the contract the content of the prohibition on the assignment of the claim to the other party, and this agreement, like other clauses, is of course legally effective as the content of the contract, so such claims are not assignable.

3) Claims that may not be assigned in accordance with the law. The Contract Law does not clearly stipulate what kind of creditor's rights are prohibited from assignment, so the claims that cannot be transferred according to the law refer to the provisions on the prohibition of assignment of creditor's rights in laws other than the Contract Law.

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 is not transferable according to the nature of the contract.

2) It shall not be transferred in accordance with the agreement of the parties.

3) It cannot 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.

According to the Contract Law, there are three types of non-transferable claims:

1) Contract claims that are not transferable according to the nature of the contract.

Including: First, contractual claims arising from a special personal trust relationship, which cannot be transferred to others because they have a strong personal trust relationship.

The second is "contractual rights based on the content of specific creditor acts".

The third is the contractual claim that belongs to the subordinate right.

2) Non-transferable claims as agreed by the parties.

According to the principle of freedom of contract, if the debtor is only willing to perform the debt to the contractual creditor, the parties to the contract may, of course, stipulate in the contract that the contractual claim shall not be assigned.

3) Contract claims that are not transferable by law.

For example, Article 6L of China's Security Law stipulates that the main contract claim with the maximum mortgage shall not be transferred. Claims under public law include pension claims, pension claims, labor insurance claims, etc.

In civil law countries, property rights and claims are the two most important components of civil law, and they constitute the law of property and the law of obligations in the civil code, respectively. Although the property law and the law of obligations both belong to property law, there is a close relationship between the two and there are differences, which are mainly reflected in the fact that the effect of property rights is better than the effectiveness of creditor's rights. The reasons for this can be attributed to:

1) The property law regulates the domination relationship between people over things, that is, the static property relationship, and the focus of the property law is to protect the ownership from infringement and aims to maintain the "quiet security" of the property; The focus of creditor's rights is to protect and promote the circulation of property, aiming to protect the "safety of movement" of property. The regulation of the ownership of "things" and things is more important than the rights in the circulation of things, otherwise, will the circulation of ownerless things lose its meaning?

2) The property law mainly regulates the ownership relationship of property, and aims to solve the problem of ownership and protection of property in society, which most directly reflects and protects the social ownership relationship of a country. The law of obligations regulates the circulation of property by solving economic problems between specific and specific persons (natural or legal persons) in society. Comparing the two, it is obvious that the interests of the whole society and the state are higher than the interests of individuals (individuals in a broad sense), and the effect of property rights is of course superior to the effectiveness of creditor's rights.

3) The property law confirms the creation, alteration and extinction of various property rights as the main content, and gives the property rights the right to dominate and exclusivity, and usually involves the interests of third parties, which determines that most of the provisions of the property law are mandatory provisions, adopt the principle of legalism, and do not allow the parties to exclude the application of the law according to their agreements. However, the creditor's right is more embodied in the contractual relationship, which has a great agreement, and the mandatory effect is higher than the contractual effect, and the effect of the real right is naturally better than the effect of the creditor's right.

4) The property law is the law of property ownership, which is mainly about the ownership and protection of social property, and who owns the property and who can dispose of it, which is directly related to the distribution of social resources and the living security conditions of members of the whole society, especially land, which is a limited and scarce natural resource and is closely related to the public interests of the state and society. Therefore, the property relations regulated by the Property Law often involve third parties and the public interest, and are of a public nature. However, the law of obligatory rights is mostly concerned with the adjustment of local property relations in society, often involving the interests of two specific counterparties, and its private nature is much stronger than that of property law.

Human beings live in society, and the private will must be subordinated to the public will, and the effect of property rights is naturally higher than that of creditor's rights!

The above is the deep-seated reason why the effect of a property right is higher than the effect of a creditor's right.

The upstairs said it so clearly, I won't say anything...

The title indicates the creditor's rights transfer agreement, which states the basic identity information of both parties, the subject matter of the transfer, the rights and obligations of both parties, the effective conditions, etc., and the specific content is filled in according to the actual situation, and finally both parties can sign and leave their fingerprints.

Where the law stipulates that the parties owe each other the same type of debts due to each other, they may offset each other. In practice, it generally refers to the situation of mutual monetary debts. You can learn more about creditor's rights.

First of all, there are conditions for the set-off of claims, and first of all, the nature of the subject matter of both parties must be the same. For example, if he owes you money and you owe him money, and the amount of the debt between you is about the same, in this case it can be set off by mutual consent. However, exclusive claims are usually not set-off, because often they involve the rights and obligations of the debtor.

The provisions of the Contract Law on the assignment of creditor's rights: 1. 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 according to the agreement of the parties.

3. It cannot be transferred in accordance with the law. 2. If the creditor assigns its rights, it shall notify the debtor, and without such notification, the assignment shall not be effective against the debtor. 3. The notice of the creditor's assignment of rights may not be revoked, except with the consent of the assignee.

4. The assignee of the creditor's assignment of rights acquires rights related to the creditor's rights, except that the subordinate rights are exclusive to the creditor itself. 5. After the debtor receives the notice of assignment of creditor's rights, the debtor's defense against the transferor may be asserted against the grantor. 6. When the debtor receives notice of assignment of creditor's rights, the debtor has a claim against the grantor, and the debtor's claim matures before or at the same time as the assigned creditor's right, and the debtor may claim set-off against the assignee.

Hello, according to the laws of our country, creditors can protect the realization of their claims through the guarantee and preservation system.

Debt security refers to the legal measures that prompt the debtor to perform its debts and ensure that the creditor's claims can be realized. The security of debt includes personal security, material security and monetary security, and the specific contents are as follows:

1. Personal guarantee. Personal guarantee refers to the provision of guarantee for the debts of others with the credit of a certain civil subject. In fact, in addition to all the property of the debtor, the personal security is to attach the general property of the relevant person as the general security for the realization of the creditor's right, and its essence is to extend the property of the debt liability to the general property of the third party.

When the debtor fails to perform the debt, the third party shall perform on behalf of the debtor. Guarantors, joint debtors, and guaranteed debts are all in this category.

2. Guarantee of goods. Security in rem refers to the use of a specific property as a guarantee for the performance of debts, so that the creditor enjoys a priority right to be repaid for the property. All other guarantees other than guarantees are security in rem, and they are all specific property of the debtor or other person as the liability property, and when the debtor fails to perform its obligations, the creditor can discount the property and receive priority from it.

The main forms of this are mortgages, pledges and liens. Security in rem in a broad sense also includes retention of title. Retention of title is a system in which the ownership of the subject matter is not transferred by delivery, but is transferred with the buyer paying the full price, so that the buyer can actively pay the price and ensure that the seller receives the full price.

3. Money guarantee. Money guarantee is a system in which the debtor pays a certain amount of money in addition to the agreed payment, and the return of the money is linked to the performance of the debt, so that both parties can generate psychological pressure, so as to urge them to actively perform the debt and ensure the realization of the creditor's rights. The main methods are deposits and deposits.

In addition to this, when a debt dispute arises, the parties can file a civil lawsuit in court to obtain relief.

Human witnesses, physical evidence! The time when the debt occurred!