Distinguishment On The Relationship Between Transfer Of Creditor’s Rights And Third People To Perform

The legislative purpose of creditor’s rights transfer system is to protect the interests of creditor’s rights transfer, in order to achieve timely resolve economic disputes, encourage trade, promote the economic effect of normal circulation, so as to further promote the free flow of credit, reduce transaction costs, the prosperity of the socialist market economy. Third people to perform system is to promote the realization of the credit role in practi ce, but because of the two systems in the presence of the cross theory, easily confused in the judicial practice. In the contract dispute arbitrat. In the contract dispute arbitration Mianyang XX Electric Co. Ltd. and Mianyang XX architecture decoration company in the case of a construction company, Mianyang owes debts to an electric appliance company in Mianyang City, enjoys the creditor’s right of a company in Jiangyou, after consultation, the construction company with a "power of attorney" to the financi al company let the electric company, with the power of attorney to a company in Jiangyou to paragraph, after the electric company failed to realize creditor’s rights, turn again to the construction company put forward the assumption of debt, but the constr uction company to the creditor has refused to undertake the transfer, so the two sides of the "power of attorney" nature of financial creditor’s rights transfer the meaning of what is or third people to perform the contract dispute. Through the comparison of these two kinds of system analysis, obtained the relationship between a construction company in Mianyang City, in the case of an electrical company and Mianyang city does not belong to the third generation of the fulfillment, and belongs to the transfer of creditor’s rights, because the third generation of the legal characteristics of fulfilling the requirements of the third generation to settle the obligation by contract in this case, the "power of attorney" financial is not agreed upon by both parties from third to discharge the meaning. Through the explanation of contract can be obtained using the method of the correct relationship between the elements, a construction company in Mianyang city in the case of a company and the city of Mianyang is more in line with the transfer of creditor’s rights. In judicial practice, in the absence of clear agreement, to distinguish between the transfer of creditor’s rights and the third person to perform, you can refer to the following criteria: if third people in deb t to the debtor, for the transfer of creditor’s rights; if not, then third people to perform.