Study On Transfer Of Creditor’s Rights

Abstract:Creditor’s rights transfer refers to the creditor’s entry into a contract and transference of the registered claims to the third party. The creditor’s rights transfer agreement means a agreement reached between the creditor and the third person on the creditors’ claims that the rights enjoyed by the creditor will be transferred to a third party. An effective creditor’s rights transfer must include the following parts:the claim should be valid, and the rights transfer will not alter its contents; A consensus must be reached between the transferee and transferor who has the rights to dispose the claims; Rights should be allowed to transfer; Any special provisions required by laws or agreement reached by the relevant parties should be obeyed strictly. The creditor’s rights transfer on the debtor’s side will come into effect once the debtor is successfully informed of, While there are two patterns of legislation on the effectiveness of creditor’s rights transfer on the third party’s side. In the system of creditor’s rights transfer, double transfer of creditor’s rights refer to a further creditor’s rights transfer contract with a third person after the transferor transfers the entitled claims to the transferee. For the effectiveness of the transfer of creditor’s rights, there are three sayings in practice and in theory:effective, invalid, and uncertain validity. Countries with different legal system to the rules of the effectiveness of the transfer of creditor’s right are different. For the creditor’s rights transfer prohibiting rights transfer, it refers to the creditor and the debtor through the agreement, prohibiting creditors transfer this debt to a third part. The legal effect in violation of the above agreement is also various in different countries. In china, the following sayings are put forward in academic circles:invalid, the debtor defense invalid, uncertain effectiveness and compromise. In our future judicial practice and the perfection of legislation,"notification comes first; rights comes first "should be our top priority assisted by "legislation comes first; rights come first "in the double transfer of creditor’s rights. The agreement prohibiting creditor’s rights transfer should be claimed effective clearly. For violations of the prohibiting agreement, if the transferee is well intended, the creditor’s rights transfer could be deemed effective. The transferee may exercise the creditor’s rights include request the debtor to perform and assert creditor’s rights now belonging to the transferee. After the assumption of debt by the debtor, the debtor can held creditor responsible for the breach of contract. When the transferee is malicious (i.e., non-goodwill), the creditor’s rights transfer shall have no legal effect between the creditor and the transferee.