Civil Code Provisions on Transfer of Creditor's Rights

The Civil Code stipulates that the transfer of claims must be agreed through a written contract or other recorded means, and the original creditor must be notified. Transfers without notice or consent of creditors are invalid.

The "People's Republic of China and Civil Code" stipulates relevant provisions for the transfer of creditor's rights. According to the provisions of the Civil Code, the transfer of claims must be agreed upon through a written contract or other recorded means, and the original creditor must be notified. Transfer without notice or consent of the creditor is invalid. At the same time, the Civil Code also stipulates that a creditor may transfer all or part of its creditor's rights to another person, which shall not be prohibited unless otherwise provided by laws or administrative regulations. However, the transfer by the creditor shall abide by the principles of good faith and fairness and shall not harm the interests of the transferee, otherwise he will be liable for damages. It should be noted that the transfer of claims must comply with national laws and regulations. For example, for bank entrusted loan business, it is generally required that the transfer of creditor's rights requires the written consent of the original debtor, and the transfer must be approved by the bank before the transfer can be carried out.

After the creditor's rights are transferred, to whom should the debtor perform the debt? In the case of transfer of creditor's rights, the debtor shall perform its debts to the new creditor. The original creditor has transferred the claim it holds to the new creditor, so the debtor no longer needs to perform its obligations to the original creditor, but needs to perform its obligations to the new creditor.

The transfer of creditor's rights refers to the act of a creditor transferring all or part of the creditor's rights he holds to another person (i.e. the recipient) for a certain price. According to the provisions of the People's Republic of China and the Civil Code, the transfer of creditor's rights shall be reached through a written contract or other recorded means, and the original creditor shall be notified. Otherwise, the transfer without notice or consent of the creditor will be invalid.

Legal basis:

Article 1306 of the "People's Republic of China and Civil Code" A creditor may transfer all or part of its creditor's rights to another person, except Unless otherwise provided by laws and administrative regulations, it shall not be prohibited. The transfer of creditor's rights must be reached through a written contract or other recorded means, and the original creditor must be notified. Failure to do so without notification or the creditor's consent shall be invalid.