The assignment of creditor's rights, also known as "assignment of creditor's rights", refers to the contract assignment without changing the contract content. Creditors transfer all or part of their creditor's rights to a third party through a creditor's rights transfer contract. All the creditor's rights are transferred to a third party, and the third party becomes a new creditor of the original contractual relationship instead of the original creditor, and the original contractual creditor is lost due to the contract transfer.

Part of the creditor's rights are transferred to a third party, and the third party becomes a contractual creditor to join the original contractual relationship and become a new creditor. The creditor's rights relationship in the contract is changed from one person to several people. The creditor who newly joined the contract enjoys the creditor's rights together with the original creditor, and enjoys the joint creditor's rights.

Extended data

Conditions for assignment of creditor's rights:

1. Creditor's rights must be legal and valid, and shall not violate the public interests. The effective existence of creditor's rights is the premise of creditor's rights transfer.

2. The assignment shall not change the main contents of the creditor's rights.

3. The assignor and assignee of creditor's rights must reach an agreement on the assignment of creditor's rights.

The transfer of creditor's rights is a kind of punishment, which must meet the effective conditions of civil acts. The transferor must be qualified, that is, have the disposition ability and be a person with full capacity for civil conduct.

The expression of will of both parties must be true and untrue, and the transfer of creditor's rights is invalid. If one party deceives, coerces or takes advantage of the danger of others, the transfer is invalid. After the termination of the contract, if the assignee has accepted the repayment from the debtor, it shall return it to the original creditor as unjust enrichment.

4. The assigned creditor's rights must be transferable. According to the relevant principles of debt, some contracts are non-transferable, and their creditor's rights should also be non-transferable.

(1), first of all, the creditor's rights based on personal trust relationship, the creditor's rights inherited from specific identity relationship, not as creditor's rights, and the right to inherit.

(2) Secondly, creditor's rights are subordinate rights. Subordinate rights are transferred with the transfer of main rights. If subordination and sovereignty are transferred separately, it is not allowed in essence. For example, secured claims exist to secure the principal claims. If it is separated from the principal creditor's rights, its guarantee nature will naturally lose, so it cannot be transferred separately.

(3) The creditor's rights that cannot be transferred according to the agreement of the parties to the contract. According to the principle of autonomy of the parties, the prohibition of the parties' assignment of creditor's rights can be stipulated in the contract or separately after the conclusion of the contract, but it must be made before the assignment of creditor's rights, otherwise the assignment is valid.

(4) The fourth is the creditor's rights that are not transferable by law.

5. The debtor must be informed of the assignment of creditor's rights.

Article 80 of the Contract Law stipulates: "If the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective for the debtor. "

6, the transfer of creditor's rights must comply with certain procedures and formalities.

According to Article 9 1 of General Principles of Civil Law: "The assignment of creditor's rights must be approved by the original approving authority for contracts that should be approved by the state according to the law."

Article 87 of the Contract Law also stipulates: "Where laws and administrative regulations stipulate that the transfer of rights or obligations shall go through the formalities of approval and registration, such provisions shall prevail."

In other words, the establishment of a general contract is based on the principle of voluntary participation of the parties. However, contracts that should be approved by the state according to law shall not be transferred at will, and the transfer without the approval of the original approving authority is invalid.

Baidu Encyclopedia: Transfer of Creditor's Rights