Conditions and legal effect of creditor's rights transfer

Effectiveness of creditor's rights transfer: the transferee obtains the transferred creditor's rights and subordinate rights related to the creditor's rights, except that the subordinate rights belong exclusively to the creditor; And the debtor needs to fulfill its obligations to the assignee and claim the defense against the original creditor from the assignee.

legal ground

Article 545 of the Civil Code

A creditor may assign all or part of its creditor's rights to a third party, except in any of the following circumstances:

(a) according to the nature of the creditor's rights shall not be transferred;

(two) according to the agreement of the parties shall not be transferred;

(3) It shall not be transferred according to law.

If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party.

Article 546

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.

Article 548

After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.