What should I do if the content of the main creditor s rights contract changes?

Article 70 of the Contract Law of the People's Republic of China clearly stipulates that "if the creditor divides, merges or changes its domicile without notifying the debtor, resulting in difficulties in performance, the debtor may suspend performance or deposit the subject matter." Accordingly, if the debtor has difficulties in performing its obligations due to the above-mentioned reasons, it may suspend the performance of the contractual obligations until the new creditor is confirmed, and then resume performance to the new creditor. Moreover, in this case, the debtor can also deposit the subject matter, and once the debtor has made a deposit, it can be considered that it has fully fulfilled its obligations to the creditor.

The suspension of performance only temporarily stops the debtor's performance obligations, but does not extinguish them; Deposits, on the other hand, can produce exactly the same legal consequences as the performance of the contract, and can terminate the contract and free the debtor from the constraints of the contract.

In China, the effective way to handle deposits and withdrawals is to handle deposit and withdrawal notarization through a notary office. The notary office shall, in accordance with the statutory conditions and procedures, entrust and keep the subject matter of the debt delivered by the debtor. From the date of deposit of the subject matter, the original debt shall be extinguished, and the debtor shall be released from the relationship of debt; The creditor has the right to claim the withdrawal of the subject matter against the custodian of the deposit, but must bear the risk of damage to the subject matter during the deposit and pay the costs related to the custody or auction arising from the deposit.

Therefore, Mr. Zhang can go to the notary office to notarize the deposit and withdrawal of the relevant rent in accordance with the law.

What has changed?

Conditions that lead to the change of the content of the contractual creditor's rights and debts: 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 assigned creditor's rights must be negotiable. 5. The debtor must be notified of the assignment of creditor's rights.

[Legal basis].

Article 543 of the Civil Code allows the parties to modify the contract if they reach a consensus through consultation. Article 544 of the Civil Code provides that if the parties are not clear about the content of the contract modification, it is presumed that the contract has not been changed. 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 shall not be transferred in accordance with the agreement of the parties; (3) It shall not 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.

A primary claim is relative to a claim that is attached to a claim, such as a secured claim. The performance period of a claim refers to the claim that should be performed within a period of time (i.e., the period). A contract is a kind of creditor's right, and according to the nature of the contract, it can be divided into a master contract and a subordinate contract.

The subordinate contract needs to be attached to the main contract, and it is only created in order for the main creditor's rights contract to be successfully realized. The main debt contract is separate and independent. Article 687 of the Civil Code stipulates in the guarantee contract that if the debtor fails to perform its obligations, the guarantor shall bear the guarantee liability, it is a general guarantee.

The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform the debt in accordance with the law, except in any of the following circumstances: (1) the debtor's whereabouts are unknown and there is no property available for enforcement; (2) the people's court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or that it has lost the ability to perform debts; (4) The guarantor waives the rights provided for in this paragraph in writing.

Legal analysis: The parties to the contract are generally the parties to the contract and are bound by the rights and obligations agreed in the contract. The contract is not legally binding on third parties outside the contractual relationship.

The parties to the contract enjoy the rights agreed in the contract, and also have to perform the obligations agreed in the contract, and if one party does not perform or does not perform as agreed, it needs to bear the liability for breach of contract.

Legal basis: Article 682 of the Civil Code of the People's Republic of China A guarantee contract is a subordinate contract of the main creditor's rights and debts contract. Where the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except where the law provides otherwise.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

During the guarantee period, the creditor may transfer the main creditor's rights to a third party in accordance with the law, and the witness shall continue to bear the guarantee liability within the scope of the original guarantee, but certain conditions shall be met for the transfer of the main creditor's rights. So what are the conditions for the transfer of the main creditor's rights, and what are the legal consequences for the assignee and the guarantor? Next, I will give you a detailed introduction from the Internet.

What are the legal consequences after the transfer of the main creditor's right?

1. After the principal creditor transfers its creditor's rights to a third party in accordance with the law, the assignee has the right to require the guarantor to bear the guarantee liability in the event that the principal debtor fails to perform the debt, and the guarantor cannot refuse without reason.

2. The guarantee bank shall only bear the guarantee liability within the original scope. If the creditor expands the main claim and its subordinate rights (such as the right to claim unpaid interest, the right to claim liquidated damages, the right to claim damages, etc.) when transferring the main claim, the guarantor will naturally not be liable for the extended part of the claim.

Conditions for the assignment of the principal claim.

1. The assignment of the principal creditor's right must occur within the guarantee period.

The guarantee period is the time limit for the guarantor to bear the guarantee liability. According to Article 25 of the Guarantee Law, if the principal creditor fails to file a lawsuit against the debtor for verification or arbitration during the guarantee period, the guarantor shall be exempted from the guarantee liability. In other words, the guarantor's guarantee liability is extinguished with the expiration of the guarantee period, and after the expiration of the guarantee period, the principal creditor assigns its claims to a third party, which has nothing to do with the guarantor.

2. The assignment of the principal creditor's right must be made in accordance with the law or contract.

1) There must be a legal and valid master claim, which is the basic premise for the transfer of the master claim.

2) The main creditor's right must be transferable, and the creditor's right that cannot be assigned according to the nature of the creditor's right (such as a claim based on a specific identity or a claim based on a special trust relationship between the original creditor and the debtor) or the agreement of the parties to the original contract cannot be assigned.

3) The principal creditor and the third party have reached a written agreement on the assignment of creditor's rights.

4) The assignment of the main creditor's right shall not violate the provisions of the main contract or the guarantee contract.

3. The main creditor shall notify the principal debtor of the assignment of creditor's rights.

In general, the debtor's consent is not required for the assignment of claims, but the principal creditor should notify the debtor of the assignment of claims, and the assignment of claims must not increase the burden on the debtor. The assignment of creditor's rights becomes legally effective against the debtor from the time the debtor is notified. The assignment of creditor's rights can only affect the liability of the guarantor after it has become legally effective against the debtor.

Normally, the principal creditor only needs to notify the principal debtor to consider the assignment of creditor's rights effective against the guarantor, but if it is stipulated in the letter of guarantee that the principal creditor must notify the guarantor of the assignment of creditor's rights, it shall be subject to its agreement. Otherwise, the guarantor is no longer liable for the guarantee.