Types Of Credit Transfer And Legal Issues

Transfer of claims is the act that will transfer all or part of the debt to the third through the agreement under the premise which does not change the contents of claims. During the course of Transfer of claims involves three parties, the original creditor (assignor), the transferee after the creditor (assignee), the debtor. The legal effect of Transfer of claims is that the assignee obtains claims and the debtor discharges to the assignee.With the commercial development, there transfer of flaw claims to this new situation. It is difficult to settle creditor claims when its low-cost transfer to a third party the right to make bad debt such expectations realized. The purpose of a third party based on business investment, buy bad debt by a cheap price, and if access to the debtor's discharge, will be able to get huge profits. If can not get satisfaction, the adverse consequences it's own commitment. The transfer of nonperforming loans in the current civil law is difficult to get a reasonable explanation in theory.Now in China,theory does not recognize the transfer of flaw claims desirable, resulting in a mismatch between reality and theory. Under the existing legal norms did not change the subject, you can explore the claims transferred from the subject, object, means of transfer, risk taking and trading of different forms distinguish two different types, to consider the different legal issues involved. One is a civil claim transfer of the legal issues involved in the transfer of the three parties claim the rights and duties, assignment of claims based on contracts and the effectiveness of the relationship between the warranty accountability. The other is the nature of the claims of commercial transfer of the legal issues involved in commercial transactions recourse receivables sold, the manner of assignment of claims and claims for purchase price and the announcement effect.