How to operate the debt transfer is legal?

The transfer of debt requires the consent of the creditor, and the new debtor can claim the defense of the original debtor against the creditor. There are two ways of debt transfer: exemption and coexistence, which need to meet the conditions of debt validity, transferability and creditor's consent. According to the Civil Code, non-transferable creditor's rights are of nature, agreement and legal restrictions, and non-transferable debts include debts that creditors do not agree to transfer.

What are the legal ways for debtors to transfer their debts?

The debtor needs the consent of the creditor to transfer the debt. If the creditor agrees that the debtor transfers the debt to a third party, the debt shall be transferred together with the creditor's right and the right of defense, and the new debtor may claim the defense of the original debtor against the creditor.

What are the methods of debt transfer?

The ways of debt transfer are: exemption debt commitment and coexistence debt commitment. On condition that:

1. Effective debt must exist;

2. The transferred debt can indeed be transferred;

3. The third party must reach an agreement with the creditor or debtor on the assignment of the debt;

4. The assignment of debts shall be subject to the consent of creditors.

Article 55 1 of the Civil Code

Where the debtor transfers all or part of its debts to a third party, it shall obtain the consent of the creditor. The debtor or a third party may urge the creditor to give consent within a reasonable time. If the creditor fails to express it, it shall be deemed as disagreement.

Article 553

If the debtor transfers the debt, the new debtor may claim the defense of the original debtor against the creditor; Where the original debtor enjoys the creditor's rights, the new debtor may not claim offset from the creditor.

Article 554

If the debtor transfers the debt, the new debtor shall bear the subordinate debt related to the main debt, except that the subordinate debt belongs exclusively to the original debtor.

3. What are the non-transferable creditor's rights and debts stipulated in the Civil Code?

Non-transferable creditor's rights and debts include: first, non-transferable creditor's rights cannot be transferred according to the nature of creditor's rights, according to the agreement of the parties and according to the law, and non-transferable debts include debts that the creditor does not agree to transfer.

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.