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A creditor's right is a judicial right to ask another person to do something (act or omission). It belongs to the principle of relativity of rights and obligations, and is a debt relative to the creditor, that is, it must be a judicial obligation for a certain act (act or omission). Therefore, the relationship between debt and debt is essentially a judicial creditor-debtor relationship, and neither creditor's right nor debt can exist independently, otherwise it will lose its meaning.
Different from property rights, creditor's rights are a typical relative right, which is only effective between the creditor and the debtor, and in principle, the debt relationship between the creditor and the debtor cannot be used against a third party.
Creditor's right is an authentic legal term, which has been handed down from a foreign country and has a different meaning than what we usually understand. It is legally defined as the right of one party to request the other party to do or not to do a certain act. In layman's terms, a claim is the right that you can ask someone else to do something, or ask someone not to do something.
The party making the claim is the "creditor" and the party being demanded is the "debtor". It should be emphasized that there is a difference between the creditor's rights mentioned here and the debts we often talk about. Debt only refers to the money owed, which is the so-called debt repayment.
And if you have a claim against someone, this kind of claim can not only be the money that someone else owes you, but also the property that someone else owes to you, or someone else owes you labor for you, or even someone else owes you an apology to you, etc., so you have the right to ask them to do these things. It can be seen that the meaning of debt includes the meaning of debt.
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A creditor's right is a judicial right to ask another person to do something.
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It is our assets, our rights.
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1. The meaning of creditor's rights and debts is easy to understand.
1. Creditor's rights and debts refer to:
1) Creditor's right refers to the right possessed by the subject of the right in the debt relationship to require the subject of the obligation to perform a certain act or not to perform a certain act;
2) Debt refers to the obligation of the debtor to the creditor in accordance with the law to perform a certain act or a certain act in the legal relationship of the debt.
2. Legal basis: Article 42 of the Enterprise Bankruptcy Law of the People's Republic of China.
The following debts incurred after the people's court accepts the bankruptcy application are common benefit debts:
1) Debts arising from the administrator's or the debtor's request to the other party to perform a contract that has not been fully performed by both parties;
2) debts arising from the management of the debtor's property without cause;
3) debts arising from the debtor's unjust enrichment;
4) Labor remuneration and social insurance premiums payable for the debtor's continued business and other debts arising therefrom;
5) Debts arising from damage caused by the performance of duties by managers or relevant personnel;
6) Debts arising from damage caused by the debtor's property.
2. What is the dispute over the right to oblige debts?
Creditor's rights and debts disputes are civil disputes, and civil litigation is applicable. There are the following types of creditor's rights and debts disputes:
1. Disputes over the return of property. For example, the debtor is required to return the arrears, the debtor is required to deliver the goods, and the carrier of the contract of carriage is required to provide transportation services;
2. Disputes arising from the fair restitution;
3. Disputes caused by creditors establishing their corporate image through creditor's rights and debts dispute activities.
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Debt and debt are common concepts in economic activities, which are explained in layman's terms as follows:
1.Debt: refers to the obligation of one person or organization to pay for money, goods, or services owed to another person or organization. For example, if Xiao Ming borrows money from a bank, a debt relationship is formed in which Xiao Ming needs to repay the principal and interest of the bank loan.
2.Blind creditor's rights: refers to the right of a person or organization to demand the performance of debts from another person or organization. For example, the bank, as the party lending the loan, has the right to collect the repayment from the loanee.
In short, a debt is a financial obligation that a person or organization must repay, while a claim is a legal right that the debtor can require him to perform the debt. Thus, debts and claims are interdependent, and the debts of one person or organization are often matched with the claims of other persons or organizations.
It should be noted that the relationship between debt and creditor's rights is not limited to the field of personal finance, but also includes economic activities such as capital exchanges between enterprises, housing purchases and mortgages. In daily life, we need to carefully handle the debts and creditor's rights of individuals or enterprises to avoid unnecessary financial risks.
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Legal analysis: 1. The concept of creditor's rights: creditor's rights are the legal rights of the people who request a specific person to do a certain act (act or omission). 2. The concept of debt: debt is a duty of prudence in civil law to a specific person for a certain act or not for a certain act.
Legal basis: Article 118 of the Civil Code of the People's Republic of China stipulates that civil subjects enjoy creditor's rights in accordance with law.
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Creditor's rights and debts are common concepts in economic activities, and they are colloquially understood as follows:
1.Debt: A relationship in which a person owes money to another person or organization, or goods in kind, etc. For example, if an individual needs to repay the loan after taking out a loan from Xinshou Bank or spending a credit card, this forms a debt relationship in which the individual needs to repay the money to the bank.
Debt and claim are concepts that correspond to each other, i.e., where there is a debt, there must be a claim. A creditor is the one who holds the creditor's rights, and the debtor is the one who needs to perform the debt.
It should be noted that the debt-creditor relationship is not limited to the financial sector, but also includes the debt relationship in various economic activities. In daily life, we need to pay attention to protecting our creditor's rights, and at the same time reasonably analyze the debt risks we bear to avoid debts that cannot be repaid.
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The general acceptance of claims and debts is one is contract acceptance, and the other is business combination. The contract is that one of the parties to the contract enters into a contract with a third party, transfers its contractual rights and obligations to the third party in whole or in part, and with the consent of the other party, the third party inherits the contract status and bears it in whole or in part. A business combination is when two or more businesses merge into one business.
Article 174 of the Company Law of the People's Republic of China provides that when a company merges, the creditor's rights and debts of the parties to the merger shall be inherited by the surviving company or the newly established company after the merger.
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The general acceptance of claims and debts is a kind of contract acceptance and a kind of business combination.
1. Contract acceptance means that one of the parties to the contract enters into a contract with a third party, transfers its contractual rights and obligations to the third party in whole or in part, and with the consent of the other party, the third party bears the contract status and bears it in whole or in part.
2. A business combination refers to the merger of two or more enterprises into one enterprise.
Article 464 of the Civil Code: A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to identity relationships shall be governed by the laws and regulations governing such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
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