What does the assignment of creditor's rights mean?

Alias of assignment of creditor's rights, also known as assignment of creditor's rights, refers to the phenomenon that creditors assign their creditor's rights to a third party through assignment contracts without losing their unity. The assignment of creditor's rights refers to the act that the creditor transfers all or part of its creditor's rights to a third party through agreement without changing the content of the creditor's rights relationship. Among them, the supplier is called the transferor and the third person is called the transferee.

Extended data:

I. Relevant characteristics

1, the transfer of creditor's rights is unnecessary.

The creditor and the third party reached an agreement on the meaning of the assignment of creditor's rights, and the assignment contract of creditor's rights was established. There is no need to perform a special contract format except for the formalities of examination and approval and registration as stipulated by laws and administrative regulations. Whether a contract for assignment of creditor's rights is concluded in written form does not affect its effectiveness. The transfer of creditor's rights for which creditor's rights certificates have been made requires the delivery of creditor's rights certificates, but this behavior belongs to the establishment of fulfilling collateral obligations rather than the transfer of creditor's rights.

2. The creditor's rights are transferred without cause.

The assignment of creditor's rights can be based on various reasons, such as buying, selling, giving, or paying off in lieu of things, but no matter what the reason is, whether it is effective or not has no direct impact on the effectiveness of the assignment contract of creditor's rights. This is the invalidity of the transfer of creditor's rights. The purpose of this invalidity is to ensure the security of the transfer of creditor's rights and the interests of bona fide transferees.

3. The transfer of creditor's rights is a disciplinary act.

The transfer of creditor's rights is to dispose of creditor's rights as property, so the transferor is required to have the authority and ability to dispose of creditor's rights. Unless the creditor ratifies the creditor's right, the transfer of the creditor's right by a person without the right to dispose of it is invalid.

Second, the composition conditions of creditor's rights

Since creditor's rights are a kind of right in civil law, according to the three elements of creditor's rights infringement, the elements of creditor's rights infringement include damage, causality and fault.

Only because of the privateness brought by the relativity of creditor's rights and the indirectness of the third party's infringement of creditor's rights, scholars discuss the constitutive elements of the third party's infringement of creditor's rights, and the standard is much stricter than that of the infringement of property rights. This is mainly reflected in the identification of the fault of the actor.

Baidu encyclopedia-transfer of creditor's rights

Baidu Encyclopedia-Creditor's Rights