Assignment of Creditor s Rights? 240. Assignment of Creditor s Rights?

The state has provisions on the assignment of creditor's rights, and the creditor shall notify the debtor of the assignment of rights. 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.

Article 82 stipulates that after the debtor receives the notice of assignment of creditor's rights, the debtor may assert against the assignee the defense of the assignor.

Article 83 stipulates that if the debtor receives the notice of assignment of creditor's rights, and the debtor has a claim against the assignor, and the debtor's claim matures before or at the same time as the assigned creditor's right, the debtor may claim set-off against the assignee. Hope mine can help you.

If such a transfer of claims occurs, it is possible to find a local authority that can handle it, and generally it is possible to resolve the relationship between their debtors now.

If there is a transfer of creditor's rights, you can deal with them in a timely manner, and generally speaking, you will be dealt with according to the object of the transfer.

Generally speaking, claims can be assigned, subject to the following effective conditions:

1. It must be a legal and valid creditor's right and must not be contrary to the public interest;

2. The assignment shall not change the main content of the creditor's rights;

3. The assignor and the assignee of the creditor's rights must reach an agreement on the assignment of the creditor's rights;

4. The transferred creditor's rights must be transferable;

5. The transfer of creditor's rights must comply with certain procedures and procedures.

How to classify claims.

Claims can be classified according to the following criteria:

1. According to the subject of the debt, it can be divided into a single debt and a majority debt;

2. According to the selectivity of the subject matter of the debt, it can be divided into simple debt and choice debt;

3. According to the reasons for the occurrence of creditor's rights, they can be divided into contractual debts, tort debts, debts of management without cause, and debts of unjust enrichment.

[Legal basis].Article 545 of the Civil Code of the People's Republic of China.

The creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:

1) The limbs and skins shall not be transferred according to the nature of the obligatory rights;

2) It may not be transferred in accordance with the agreement of the parties;

3) It cannot be transferred in accordance with the provisions of law.

Where the parties agree that non-monetary claims may not be assigned, they must not be used against a bona fide third party. Where the parties agree that monetary claims may not be assigned, they must not be used against a third party. Article 549:Under any of the following circumstances, the debtor may claim set-off against the assignee:

1) When the debtor receives the notice of assignment of creditor's rights, the debtor has a creditor's right against the transferor, and the debtor's creditor's right matures before or at the same time as the assigned creditor's right;

2) The debtor's claim and the assigned claim arise on the basis of the same contract.

Legal Analysis: The transfer of claims and debts is very common in economic activities. The creditor may transfer the debt to a third party after notifying the debtor, and similarly, the debtor may, with the consent of the creditor, transfer the debt to the third party, who will be responsible for paying off the debt.

Legal basis: Article 546 of the Civil Code of the People's Republic of China Where a creditor assigns a creditor's right without notifying the debtor, the assignment shall not be effective against the debtor.

The notice of assignment of claims may not be revoked, except with the consent of the assignee.

The so-called transfer of contractual obligations refers to the phenomenon that the debtor transfers the debt to a third party based on the agreement of the parties or legal regulations, and the third party replaces the debtor's position as the new debtor and performs the debt to the creditor. The system of transfer of contractual obligations stipulated in this article is a system of transfer of debts agreed upon by the parties, which has the following legal characteristics:

1) Debts are transferable, and debts that must be performed by the parties themselves cannot be transferred.

2) If it is agreed that the creditor's consent shall be a necessary condition for the transfer of debts.

3) A new contractual relationship is generated, and the contractual relationship before the transfer is extinguished, and the contractual relationship after the transfer is generated.

4) The subject of the contract has been changed, and the third party becomes a party to the contract.

The legal town hall did not analyze: the transfer of creditor's rights, also known as "assignment of creditor's rights". It refers to the transfer of claims between different subjects.

In general, an agreement must be reached between the original creditor and the new creditor. Enters into force from the time of agreement. However, the transfer of claims arising from internal succession or administrative order does not require the agreement of the parties.

Consent is usually required from the debtor, and while the debtor is performing its obligations, to whom it is performed sometimes has an interest in the debtor. After the transfer of creditor's rights, the debtor must be notified in a timely manner so that he can perform his obligations to the new creditor, otherwise the debtor has fulfilled his obligations to the original creditor and the original creditor has accepted the performance, then the debt will be extinguished. After the transfer of creditor's rights takes effect, the new creditor acquires all the rights of the creditor, including not only the rights stipulated in the original debt, but also the subordinate rights of the original debt, such as the right to guarantee and claim liquidated damages.

After the transfer of the creditor's rights, the original creditor shall bear the guarantee liability to the new creditor for the authenticity, legality and validity of the creditor's rights. If the original creditor's rights are not true and legitimate, the new creditor has the right to recover from the original creditor and claim compensation for losses. However, the original creditor is generally not liable for whether the debtor can perform its obligations.

General claims are assignable, but certain claims closely related to the person cannot be assigned. The assignment of claims between socialist organizations must be premised on not destroying the plans of the state.

Legal basis: Article 546 of the Civil Code Where a creditor transfers a creditor's right without notifying the debtor, the transfer shall not be effective against the debtor.

The notice of assignment of claims may not be revoked, except with the consent of the assignee.

Assignment of creditor's rights refers to the act of transferring all or part of the claims of one or more creditors within the legal scope to another party. At the time of assignment of creditor's rights

It is necessary to publish a notice statement in the designated newspaper, and this announcement is the announcement of the assignment of creditor's rights. It has the following several functions:

The Contract Law stipulates that if the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the creditor. The so-called transfer of contractual obligations refers to the situation in which the debtor transfers the debt to a third party based on the agreement of the parties or the provisions of the law, and the third party replaces the debtor's position as the new debtor and performs the debt to the creditor. 1. The system of transfer of contractual obligations has the following legal characteristics:

1) Debts are transferable, but debts that must be performed by the parties themselves cannot be transferred; (2) Where it is agreed that the consent of the creditor shall be a necessary condition for the transfer of debts; (3) A new contractual relationship arises, the contractual relationship before the transfer of debts is extinguished, and the contractual relationship after the transfer of debts arises; (4) The subject of the contract has been changed, and the third party becomes a party to the contract. 2. The transfer of contractual obligations includes two forms: (1) the transfer of all contractual obligations to a third party, that is, an agreement between the creditor or the debtor and the third party on the assignment of friends' debts, and the third party replaces the original debtor to bear all the debts, and the original debtor has broken away from the original contractual relationship.

This is often referred to as "exempt debt assumption". (2) If the contractual obligations are partially transferred to a third party, it is usually referred to as "concurrent debt assumption", which means that the original debtor does not break away from the original contractual relationship, but the third party joins the contractual relationship and jointly assumes contractual obligations to the same creditor together with the original debtor. [Legal basis].

Article 84 of the Contract Law of the People's Republic of China [Consent of Creditors] Where the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the remaining creditors.

Transfer of creditor's rights, also known as "assignment of creditor's rights". It refers to the transfer of claims between different subjects. Generally, an agreement must be reached between the original creditor and the new creditor.

It shall enter into force from the time of the agreement. However, the transfer of claims arising from internal succession or administrative order does not require the agreement of the parties. Consent to the debtor is usually required, and although the debtor performs its obligations in all its actions, it is sometimes of interest to whom it performs.

Claims are transferable, but the debtor must be notified.

The transfer of creditor's rights, also known as assignment of creditor's rights, refers to the transfer of creditor's rights between different entities. Generally, an agreement is reached between the original creditor and the new creditor, and the assignment of creditor's rights takes effect when the agreement is reached. The transfer of creditor's rights is divided into full assignment and partial assignment, which has effective and revocable legal effects.

Specifically, when the assignment of creditor's rights takes effect, when the creditor's rights are fully transferred, the creditor's rights are borne by the transferee, and the original creditor no longer bears the original creditor's rights and debts; In the case of partial assignment, the creditor's rights are jointly enjoyed by the original creditor and the assignee.

Legal basis] Article 545 of the Civil Code provides that a creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:

1) It cannot be assigned according to the nature of the obligatory right;

2) It may not be transferred in accordance with the agreement of the parties;

3) It cannot be transferred in accordance with the provisions of law. If the parties agree that non-monetary claims may not be assigned, they shall not be opposed to the bona fide third party respondent. If the parties agree that monetary claims may not be transferred, they shall not be used against the three of them.