1, the creditor's rights can be sued after the transfer, but the conditions for prosecution must be met. According to the relevant laws and regulations, because the assignee who transferred the creditor's rights replaced the original creditor as a new creditor in the original contractual relationship, and the original creditor agreed in the original contract lost the creditor's rights due to the transfer of the creditor's rights, the assignee has the right to claim the creditor's rights from the debtor and can sue after the transfer of the creditor's rights.
2. Legal basis; Article 546 of the Civil Code of People's Republic of China (PRC).
If the creditor transfers the creditor's rights without notifying the debtor, the transfer shall not be effective for the debtor.
The notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee.
Article 547
Where the creditor assigns the creditor's right, the assignee obtains the subordinate rights related to the creditor's right, except that the subordinate rights belong exclusively to the creditor.
The transferee's acquisition of subordinate rights is not affected by the failure to go through the transfer registration formalities or transfer possession of subordinate rights.
Two. Types of creditor's rights transfer after the company is cancelled according to law
The types of creditor's rights transfer after the cancellation of the company according to law are as follows:
1, payment transfer type, when an enterprise purchases, it pays the seller with the creditor's rights held by a third party as the payment, and the seller receives the accounts receivable when selling the goods, but the debtor of the other party is not the buyer, but the third party, that is, the party that originally had a creditor-debtor relationship with the buyer.
2, debt restructuring, creditor's rights and debt holders through agreement or other means to negotiate the transfer of creditor's rights. The trading activities of creditor's rights and debts have been completed before the reorganization, or the trading activities do not occur at the same time when the creditor's rights are transferred. The restructured transaction is only the result of restructuring, such as paying off debts with non-monetary assets.
3. Non-monetary. When an enterprise exchanges non-monetary assets with non-monetary assets, it includes some accounts receivable. At this time, the proportion of accounts receivable in non-monetary assets should be calculated to confirm whether it is a non-monetary transaction or a monetary transaction.
4. Take responsibility. When transferring accounts receivable, the transferor shall bear joint and several liability for the realization of future accounts receivable. For example, for financing secured by accounts receivable, on the surface, accounts receivable are transferred to the lender, but it is uncertain whether the accounts receivable can be recovered when financing, so it is a contingent liability for the transferor.
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