Whether the debt burden can be revoked and whether the debt assumption can be revoked

Discharge refers to the unilateral act of the creditor to abandon the creditor's right, thereby extinguishing the contractual relationship and other creditor's rights. If the creditor forgives part of the debtor's debt, the relationship between the forgiven debt and the debt is extinguished; If the creditor forgives all debts, the relationship between debts is completely extinguished.

Exemption is a unilateral act, which has the effect of extinguishing the debt after the creditor expresses its intention to the debtor or its ** person. Therefore, once the creditor has expressed its intention to release, it cannot be withdrawn.

1. Exemption refers to the unilateral act of the creditor to abandon the creditor's rights, thereby extinguishing the contractual relationship and other creditor's rights. If the creditor forgives part of the debtor's debt, the relationship between the forgiven debt and the debt is extinguished; If the creditor forgives all debts, the relationship between debts is completely extinguished.

2. Exemption is a unilateral act, which has the effect of debt extinction after the creditor expresses its intention to the debtor or its first person. Therefore, once the creditor has expressed its intention to release, it cannot be withdrawn.

3. Exemption refers to the unilateral act of the creditor to abandon the creditor's rights, thereby extinguishing the contractual relationship and other creditor's rights relations. If the creditor forgives part of the debtor's debt, the relationship between the forgiven debt and the debt is extinguished; If the creditor forgives all debts, the relationship between debts is completely extinguished.

Where an enterprise legal person is dissolved, the enterprise legal person shall be a party before liquidation and cancellation in accordance with law; Where it is deregistered without liquidation in accordance with law, the shareholders, founders or investors of the enterprise legal person shall be the parties.

Where an enterprise legal person is dissolved or revoked, its competent authority shall organize a liquidation team to conduct liquidation. Where an enterprise legal person is declared bankrupt, the people's court shall organize the relevant organs and relevant personnel to establish a liquidation organization for liquidation.

A liquidation organization is an organization established in accordance with law for the purpose of liquidating the creditor's rights and debts of an enterprise legal person. It is responsible for the safekeeping, liquidation, valuation, disposal and liquidation of the property of the terminated corporate legal person.

For civil litigation involving the creditor's rights and debts of a terminated enterprise legal person, the liquidation organization may participate in the litigation in its own name.

The civil acts carried out by a liquidation organization established for the purpose of evading debt liability shall be invalid.

What is concurrent debt assumption?If the main person in charge of a valid contract bears the responsibility of the debt, then under the validity of the valid contract, the main person in charge of the contract, the debt respondent, bears a certain debt relationship, and if a third party joins in the valid contract, then it is necessary to bear a certain debt relationship with the debtor, and jointly be responsible for the debt, which is called the concurrent debt bearing. So is this concurrent debt assumption debt elimination recoverable?

The answer is yes. The details are as follows. (1) In order to eliminate the concurrent debts, it must be premised on a valid contractual debt relationship, or a relationship that can eliminate the debt, and the debts mainly borne by the third party that need to be joined remain unchanged, that is, the debts that are being assumed will not change due to the transfer of property.

There is a certain amount of debt. (2) Under the effective effect, the principle of part of the debt borne by the third party does not require the nod of the creditor, does not need a valid written proof, and only needs to be notified to the other party. (3) The participation of a third party is not a forced request of the creditor, but a voluntary oneself, so after the third party joins, it must bear the debt with the creditor, and the creditor cannot defend against the creditor for any reason, nor can it try to oppose the main creditor.

4) As long as the concurrent debt assumptions are effective, the concurrent debt assumptions can be dissolved and the contract will be extinguished only after the principal debtor and the third party who joins later assume and repay the debts in full. However, after the debts of the third party to the contract are fully discharged, the third party that joins later can claim repayment from the main creditor. Therefore, the elimination of concurrent debts can be recovered according to specific provisions, of course, under reasonable and legal circumstances, and legal assistance can also be applied to complete its claim relationship against creditors.

Debt transfers can be reversed if certain conditions are met. However, if the creditor applies for revocation of the transfer of debts, the right of revocation shall be exercised within one year from the date on which the reason for revocation is known or should have been known, and the exercise of the right of revocation shall be limited to the creditor's claim.

[Legal basis].

Article 540 of the Civil Code.

The scope of the exercise of the right of avoidance is limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

Article 541.

The right of avoidance shall be exercised within one year from the date on which the creditor knows or ought to know the reasons for avoidance. If the debtor fails to exercise the right of revocation within five years from the date of the debtor's act, the right of revocation shall be extinguished.

Article 542.

If the debtor's act affecting the realization of the creditor's claim is revoked, it is not legally binding from the beginning.

Article 551.

Where the debtor transfers all or part of the debt to a third party, it shall be subject to the consent of the creditor.

The debtor or a third party may urge the creditor to agree within a reasonable period of time, and if the debtor fails to express the creditor's rights before the creditor's rights, it shall be deemed to be disagreeing.

The creditor's forgiveness of the debt can be withdrawn. If the creditor exempts part or all of the debtor's debts, the creditor's rights and debts are partially or fully terminated, the debtor or the debtor's ** person shall be notified of the debt forgiveness, and if the debtor refuses within a reasonable period of time, the debts cannot be forgiven.

[Legal basis].

Article 141 of the Civil Code of the People's Republic of China may withdraw the expression of intent. The notice of withdrawal of the expression of intent shall reach the counterpart before or at the same time as the expression of intent. Article 575:Where the debtor forgives part or all of the debtor's debts, the creditor's rights and debts are partially or wholly terminated, except where the debtor refuses within a reasonable period of time.

Legal analysis: After the assignment of creditor's rights, the assignment cannot be revoked unless the transferee creditor agrees.

Thus, the transfer of debt can be reversed, subject to the consent of the transferee creditor.

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

Article 538:Where damage is caused to creditors due to the debtor's waiver of its due creditor's rights or the transfer of property free of charge, the creditor may request the people's court to revoke the debtor's acts. If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act.

The scope of the exercise of the right of revocation is limited to the creditor's right of the person whose claim is raised. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

Article 541 The right of avoidance shall be exercised within one year from the date on which the creditor knows or ought to know the reasons for revocation. If the right of avoidance is not exercised within five years from the date of the debtor's act, the right of avoidance shall be extinguished.