Financial Legal Issues Of Assignment Of Claims Of Non-performing Loans

Transfer of claims is one of the major methods for Financial Asset Management Corporation to dispose the creditor's right of financial bad loan .But, because of the incomplete legal regulations, many questions appear in practice, for example, is it allowed to transfer the creditor's right of financial bad loan, is there any restriction for transferee, what kind of indispensable conditions require for subject transferring and is it to sell the state-owned property at less than its presumed value when transferring price is apparently lower than the total amount of debt. In order to remove the doubts for this method, this essay mainly discuss the practical and legal basis for transferring; and analyzes the feasibility of the transferring of the creditor's right of financial bad loan; meanwhile it also addresses the formation of transferee and creditor's right, rights and obligations for both ceder and transferee and modes of transferring by case study. The key point which affects the scope of transferring is whether the transferee is a financial organization, this essay analyzes the distinction between the subject of the loan contract and the subject of the creditor's fight, discusses the scope of management registered in Industrial and Commercial Bureau, in order to analyze the qualifications of the transferee and explain that the transferee is not limited to financial organization , but also can be a natural person, other non-financial corporation, firms and other economic organizations. It retorts the blinkered opinions that the creditors' right of financial bad loan could only be transferred among financial organizations and help us to understand the feasibility of the transferring of the creditor's right of financial bad loan better. Whether the transferee could obtain the rights of transferring is depended on the existence of the creditor's right of the subject transferring, through the analysis on "creditor's right", "creditor's right of entity", "creditor's right of bankruptcy", "creditor's right of rights and profits", the essay rejects the false transferring , provides basis to judge the legal effect of the transferring of various forms. The difference between transferring price and the total amount of the debt is not enough to be viewed as the evidence to judge whether it is to sell stated-owned property at less than its presumed value. Nowadays no one research on this problem, some people mistakenly think that transferring is to sell stated-owned property at...