Research On The Effect Of Bad Financial Creditor’s Right Transfer

Effect of bad financial creditor’s right transfer is the core of financial bad creditor’s rights transfer; bad financial creditor’s right transfer is an important way of disposal of bad financial creditor’s rights, so the bad debts of financial transfer effect is the core of the disposal of bad financial creditor’s right. Frequently, in the background of bad financial creditor’s right transfer dispute focus complex, China has not formed the system theory of bad financial creditor’s right transfer effect, laws applicable difficulties existed in the judicial practice. Bad financial creditor’s right transfer as a special assignment of creditor’s right, creditor’s rights transfer conditions also has the special effect element. Based on the special regulation of the assignment of creditor’s rights and general theory of bad financial creditor’s right transfer, the transfer effect of non-performing financial assets in-depth discussion.The bad debts of financial transfer effect theory. The relationship of creditor’s rights and the transfer of creditor’s rights, the scope of the definition of a clear financial non-performing loans and bad financial creditor’s right transfer effect, the characteristics of transfer from the bad debts of financial non-performing financial assets and the distinction between general creditor’s rights transfer, and then analyzes the effect of bad creditor’s rights transfer is affected by the general creditor’s rights transfer effect to special rules and regulations by the state financial bad the relevant provisions of the transfer of creditor’s rights. Secondly, from the two aspects of the market transaction order and the protection of state-owned assets, and enumerates the influence of specific factors on the effect of transfer: in the market transaction order principle, distressed debt trading price is the product of market economy and the bad creditor’s rights transfer effect had no effect; in the full liberalization of the transfer of bad debt to society should be recognized under the background effect investors bad creditor’s rights transfer; special terms of bad financial creditor’s right transfer contract of the relevant provisions clearly its effectiveness, according to Japanese law prohibits the transfer of special effect theory of bad financial creditor’s right transfer contract for special clauses should also take into account the interests of bona fide third party, maintain the order of transactions. In the principle of protection of state-owned assets, state organs to the debtor or the guarantor shall not be deemed the situation bad creditor’s rights transfer is invalid; bad creditor’s rightsof preemption of a contract, which lists the confusion in the judicial practice, clear local government state-owned main body the preemptive right on the validity of the transfer of bad debt, state preemption does not effect the impact of bad creditor’s rights transfer. Finally, combined with the effects of bad creditor’s rights transfer effect factors from social investors bad creditor’s rights transfer legal support, to establish the national unified asset trading platform, improve the system of appraisal standard, bad creditor’s rights transfer supervision mechanism four aspects to improve the bad financial creditor’s right transfer.