What are the effective conditions for the transfer of creditor's rights and debts stipulated in the Civil Code?

Legal analysis: 1. There must be effective creditor's rights, and the transfer of creditor's rights does not change the content of creditor's rights. The effective existence of creditor's rights is the basic premise of creditor's rights transfer.

2. The assigned creditor's rights must be transferable.

3. The assignor and the assignee shall reach an agreement on the assignment of creditor's rights, and shall not violate the relevant provisions of the law.

4. The debtor shall be informed of the assignment of creditor's rights. Notice of transfer is a necessary condition for the transfer of creditor's rights. Because there is no notice, the other party to the original contract cannot know that the assignor has transferred the contractual rights and obligations. The notice of assignment shall be delivered to the other party.

5. The transfer of creditor's rights must follow certain procedures. If the law stipulates that the transfer of creditor's rights must go through the formalities of examination and approval and registration, if the corresponding formalities are not fulfilled, the transfer of creditor's rights is invalid.

Legal basis: Article 545 of General Principles of Civil Law of People's Republic of China (PRC) * * * A creditor may assign all or part of his 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 546th of the Civil Code of People's Republic of China (PRC) * * * Creditor's right is notified to transfer the creditor's right. If the debtor is not notified, the assignment is invalid to the debtor.

The notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee.

Article 557 of the Civil Code of People's Republic of China (PRC) shall be terminated under any of the following circumstances:

(a) The debt has been fulfilled.

(2) The debts offset each other;

(3) The debtor deposits the subject matter according to law.

(4) Creditors are exempted from debts;

(5) Creditor's rights and debts are owned by one person;

(six) other circumstances stipulated by law or agreed by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated accordingly.