In practice, there are certain legal risks in the transfer of claims, and the transferee must pay attention to avoiding risks in the transferred claims. If a creditor has a dispute after transferring the creditor's rights to another person, can he still sue the original creditor after the creditor's rights are transferred? 1. Can he still sue the original creditor after the creditor's rights are transferred? It cannot be said that he can still sue the original creditor after the creditor's rights are transferred. It depends on the specific circumstances for analysis. We can only say that it is possible to sue the original creditor. First of all, our country's law stipulates that the creditor can only transfer part of its rights to a third party. At the same time, if the creditor transfers its rights, the transferee obtains secondary rights related to the creditor's rights. However, this shall be excepted if the subordinate right belongs exclusively to the creditor himself. In fact, in judicial practice, the transfer of creditor's rights often does not necessarily mean that the original creditor has no connection with the transferred debt. It can only be said that in most cases there is almost no connection. However, when encountering some more complex situations, In such circumstances, the original creditor can still be sued.

2. Can the creditor's rights transfer contract be revoked at will? If the creditor's rights transfer contract is negotiated by both parties and the debtor is notified, and the transfer does not harm the interests of a third party, the creditor's rights transfer contract is legal and is the recipient's right. protected by national law. According to the "Contract Law of the People's Republic of China", the creditor's notice of transfer of rights cannot be revoked, except with the consent of the transferee. In addition, when signing a creditor's rights transfer contract, attention should be paid to the effectiveness and effectiveness of the creditor's rights transfer notice. Regarding the notice of transfer of creditor's rights, the following aspects should usually be noted: First, the requirements for the creditor's rights transfer contract to be effective for the debtor. The transfer of creditor's rights is a change in the subject of the contract, and the third party acquires the contract rights and becomes a party to the contract. Although the transfer contract is a relationship between the transferor (creditor) and the transferee, it often involves the interests of the debtor. Regarding the requirements for the validity of the transfer of creditor's rights, when the creditor transfers the creditor's rights, it only needs to notify the debtor of the fact of the transfer of creditor's rights, and does not need to obtain the debtor's consent. However, without notification, the transfer of creditor's rights will not be effective for the debtor, and the debtor can still perform its obligations to the original creditor. Notice of transfer of creditor's rights is a requirement for the transfer of creditor's rights to be effective for the debtor. Second, how to determine that the debtor has been notified of the transfer of creditor's rights? There are generally two ways: First, the creditor notifies the debtor that the creditor's creditor's rights have been transferred to a third party. Another method of notification is for the creditor, assignee, and debtor to jointly enter into a creditor's rights transfer agreement. If the debtor signs and seals the creditor's rights transfer agreement, it can be deemed that the creditor has fulfilled its obligation to notify the creditor's rights transfer. Third, notice of transfer of creditor's rights and statute of limitations. As for whether the statute of limitations is interrupted after the transfer of creditor's rights. When the debtor is not notified of the transfer of creditor's rights between the creditor and the assignee, the statute of limitations cannot be interrupted. Only after the fact of the transfer of creditor's rights is notified to the debtor Only then may the statute of limitations be interrupted. Notice of transfer of claims does not automatically interrupt the statute of limitations. However, if the creditor's rights transfer notice also contains debt collection content, or the debtor expressly agrees to perform its obligations after receiving the creditor's rights transfer notice, the creditor's rights transfer notice will have the effect of interrupting the statute of limitations. This is consistent with Article 140 of the General Principles of the Civil Law, which stipulates that the statute of limitations is interrupted by the filing of a lawsuit, a request by one of the parties, or the agreement to perform obligations. According to Article 80 of the "Contract Law of the People's Republic of China": "If a creditor transfers its rights, it shall notify the debtor. Without notification, the transfer will not be effective for the debtor." This article clarifies the transfer of creditor's rights in my country. The notification principle is adopted for the issue of taking effect on the debtor. If the creditor transfers its rights, it only needs to notify the debtor, and it will take effect on the debtor.

3. What is the legal effect of the transfer of claims?

1. Internal effect. First, the creditor's rights are transferred from the assignor (original creditor) to the assignee, the assignor breaks away from the original contractual relationship, and the assignee replaces it and becomes a party to the debt relationship, that is, a new creditor. Second, when the transferor transfers the creditor's rights to the transferee, the subordinate rights attached to the principal creditor's rights are also transferred, except for the inseparable relationship with the person. Subsidiary rights attached to the principal claim include the guarantee of the debt or other accessory rights, such as mortgage rights, deposits, liens, guarantees, etc. to secure the claim; the claim for unpaid interest on the accessory claim; the claim for liquidated damages and compensation for losses when the debt is not performed. wait. However, the rights exclusive to the creditor, such as the right to terminate the contract, cannot be transferred with the transfer of the principal claim. Because the right of rescission is related to the survival and abolition of the contract, it is inseparable from the original creditor and cannot be transferred to the transferee as a matter of course. Third, when the transferor transfers the creditor's rights to the assignee, he should provide the other party with the legal documents and evidence necessary for exercising the creditor's rights, and should inform the other party of all the information necessary to assert the creditor's rights. The mortgage-guaranteed property occupied by the transferor shall also be delivered to the other party when the transfer of creditor's rights takes effect. The legal documents necessary to exercise the creditor's rights, such as contracts, agreements, IOUs and other certificates proving the establishment of the creditor's rights, should be delivered to the other party. If the creditor's rights are accompanied by a pledge or mortgage certificate, the certificate should be delivered together. At the same time, the debt performance period, place of performance, witnesses for the establishment of the creditor's rights, letters, telegrams, insurance, tax payment certificates, records in commercial account books, defense and re-defense rights for the creditor's rights, and all the information necessary to claim the creditor's rights. Fourth, the transferor has a guarantee obligation to the transferee. The transferor shall ensure that the rights transferred are valid and free from title defects. This warranty is “commonly referred to as a warranty against defects in title.

If after the rights are transferred, the rights holder suffers losses due to defects in the rights, the transferor shall be liable for damages to the transferee. Of course, if the transferor clearly informs the transferee that the rights are defective when transferring rights, the transferee will not have the right to claim compensation. "

2. External effect. First, the debtor should be notified of the transfer of creditor's rights, otherwise it will have no effect on the debtor. my country's "Contract Law" stipulates that the transfer of creditor's rights without notifying the debtor will not have legal effect. The notification is made by The original creditor, that is, the transferor, must reach the counterparty, that is, the debtor. In the case of joint and several debts, although the joint and several debts are regarded as the same debt to the creditor, each debtor bears independent debts with full payment as the content. , the original creditor must notify all debtors. If only one of the joint debtors is notified, the transfer of creditor's rights will only be effective for that person. Once the notice of transfer of creditor's rights issued by the original creditor reaches the debtor, it cannot be withdrawn without the consent of the assignee. If the transfer notice is invalid or revoked from the beginning, the debtor should be notified of the fact of invalidity, which is a notification of new facts rather than a withdrawal. The notification time is not legally limited, but it is generally advisable to reduce it before the expiration of the debt performance period. Unnecessary loss of performance.