What is debt trading? What does it mean to sell debt

The difference between the General Principles of Civil Law and Contract Law.

Legal analysis: Creditor's rights can only be transferred, not **. Assignment 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 a third party through the conclusion of a contract by a third party without changing the content of the contract.

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 the assignment of the creditor's rights shall not be revoked, except with the consent of the assignee.

This article makes it clear that China adopts the principle of notification on the issue of the assignment of creditor's rights taking effect on the debtor, and if the creditor transfers the right to the debtor, it only needs to notify the debtor, that is, it will be effective against the debtor.

Procedures for the transfer of creditor's rights and debts: the parties and the assignee negotiate and reach an agreement on the transfer; entering into an assignment agreement; notified the debtor or obtained the consent of the creditor in accordance with the law; and the formalities of transfer registration or transfer of possession have been completed.

[Legal basis].

Article 545 of the Civil Code.

The 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.

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 546.

If the creditor assigns the creditor's rights without notifying the debtor, the assignment shall not be effective against the debtor.

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

Article 551.

If the debtor transfers all or part of the debts 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 creditor fails to express it, it shall be deemed to have disagreed.

Article 555.

With the consent of the other party, one of the parties may transfer its rights and obligations under the contract to a third party.

A creditor's right is a civil law right to request another person to do something (act or refrain from acting). The characteristics of the creditor's right are: (1) The creditor's right is a property claim, which cannot be implemented by restricting the debtor's person.

2) The creditor's right is a relative right, and the creditor can only claim rights against a specific debtor, and cannot claim rights against a third person other than the debtor. (3) Creditor's rights are compatible and equal. The compatibility and equality of claims means that several claims with the same content can be established on the same subject matter, and they are equal to each other and are effective.

There is no exclusivity or priority. (4) The creditor's right is a right with a fixed term, and no indefinite creditor's right shall be created.

[Legal basis].

Article 514 of the Civil Code provides that unless otherwise provided by law or otherwise agreed by the parties, the creditor may request the debtor to perform the debt in the legal tender of the place of actual performance, unless otherwise provided by law or otherwise agreed by the parties.

A creditor's right is a symmetry of "debt". It refers to the right of the subject of the right to require the subject of the obligation to perform a certain act or not to perform a certain act in the relationship of debt, and the creditor's right and the debt together constitute the content of the debt, and the creditor's right corresponds to the property right and becomes an important part of the property right.

The characteristics of claims are as follows:

1. The object of the creditor's right may be a thing or a certain act of performing an obligation;

2. The subject of the right and the subject of the obligation of the creditor's right can only be a specific person;

3. There is no recovery of creditor's rights, and creditor's rights can be divided into claims arising from contracts, claims arising from torts, claims arising from unjust enrichment, and claims arising from management without causes.

Due to the number of creditors, it can be divided into single claims and majority claims; Because the liability relationship between creditors can be divided into share claims and joint and several claims; Due to the selectivity of debt performance, it can be divided into simple claims and elective claims.