Borrowing money is something that everyone is familiar with. With the increasingly active economic activities in our country, various transfers of creditor's rights are also very common in daily transactions. However, in the process of transfer of creditor's rights, the interests of many parties are involved. , many disputes often arise, and litigation has to be filed. So who is the subject of litigation after the transfer of creditor's rights? Let me give you a detailed introduction, I hope it will be helpful to you.

1. Who is the subject of litigation after the transfer of creditor's rights? After the transfer of creditor's rights, the subject of litigation changes. The subject of litigation is the original debtor and the assignee. In the case of transfer of creditor's rights, the creditor's notification obligation to the debtor is the key to the establishment of the transfer of creditor's rights. If the notification obligation is not fulfilled, the transfer of creditor's rights will not be effective for the debtor. If a lawsuit arises, the original creditor will be the appropriate subject of litigation. 1. Assignment of creditor's rights: The creditor transfers its creditor's rights to a third party through an assignment contract or other means permitted by law. As far as the nature of the transfer of creditor's rights is concerned, it is actually a manifestation of the creditor's disposal of its rights. This requires that the disposer (creditor) must have the right to dispose. 2. Debt assumption: The debtor transfers all or part of its debt to a third party by entering into a debt assumption contract with a third party, which is called debt assumption. This third party is called the bearer. As for the nature of debt assumption, its essence is the performance of the debtor passing on its obligations. 3. General transfer of claims and debts The so-called general transfer of claims and debts refers to the act in which one party transfers its claims and debts to a third party, and the third party collectively assumes all rights and obligations. The general transfer of creditor's rights and debts actually includes the transfer of creditor's rights and the assumption of debts, but it is not a simple superposition of these two behaviors.

Legal basis: Article 88 of the "Contract Law of the People's Republic of China" summarizes that one party to the transfer may transfer its rights and obligations in the contract to a third party with the consent of the other party. people.

2. What are the valid conditions for the transfer of creditor's rights? 1. The creditor's rights must be legal and valid and must not violate the interests of the public. The effective existence of the creditor's rights is the prerequisite for the transfer of the creditor's rights. 2. The transfer shall not change the main content of the creditor's rights. 3. The assignor and assignee of the creditor's rights must reach an agreement on the transfer of the creditor's rights. The transfer of creditor's rights is an act of disposal and must comply with the conditions for the effectiveness of civil acts. The transferor subject must meet the qualifications, that is, have the ability to dispose and be a person with full capacity for civil conduct. The expression of intention of both parties must be true. If it is not a true expression of intention, the transfer of creditor's rights will be invalid. If one party commits fraud, coercion or takes advantage of others, the transfer will be invalid. After the contract is revoked, if the transferee has accepted payment from the debtor, it shall be returned to the original creditor as unjust enrichment.

3. How to enforce the creditor's rights after transfer 1. The person applying for execution applies to the People's Court for execution based on the effective legal documents. During the execution procedure, he enjoys the substantive rights determined by the effective legal documents according to the law. The applicant applies for changes and recovers the debt. Executes the rights of persons and assumes various obligations stipulated by law. 2. If the person applying for execution entrusts an agent during the execution procedure, he shall submit a power of attorney signed or sealed by the person applying for execution to the People's Court, stating the matters entrusted and the authority of the agent. Take a look at the sample enforcement application form. If you entrust an agent to waive or change civil rights on your behalf, or to execute a settlement on your behalf, or to collect execution funds on your behalf, you must have special authorization from the person applying for execution. 3. During the execution process, the person applying for execution shall cooperate with the work of the People's Court, take the initiative to provide the People's Court with the property status or clues of the person subject to execution, and shall not interfere with the execution work of the People's Court. The above is a compilation and introduction to relevant legal knowledge about "who is the subject of litigation after the transfer of creditor's rights". In order to avoid unnecessary disputes and unnecessary risks during the transfer of creditor's rights, everyone must clearly write down the relevant agreements in the terms. If you have any other legal questions, please feel free to consult and we will have professional lawyers to help you.