Conditions for the transfer of claims are stipulated in the Civil Code

The conditions for the transfer of creditor's rights are that the debtor must be notified of the transfer of creditor's rights. If the debtor is not notified, the transfer will be invalid to the debtor, and the transferred creditor's rights shall not be creditor's rights that the parties have agreed not to transfer, and the creditor's rights that cannot be transferred based on the nature of the creditor's rights, and Claims that are not transferable by law.

The constituent elements of the transfer of creditor's rights are as follows:

1. The creditor's rights are legal and valid and must not violate the interests of the public. The effective existence of the creditor's rights is the prerequisite for the transfer of the creditor's rights. Transferring an invalid creditor's right to another person, or transferring an extinguished creditor's right to another person is not the subject of the transfer. The significance of this restrictive provision is to prevent the transferee, the country, and the collective interests from being damaged.

2. The transfer shall not change the main content of the creditor's rights. Although the concept of creditor's rights as a legal lock has disappeared, the transfer of creditor's rights is only a change in the subject. If there is a change in the main content of the debt, a new contractual relationship will occur, and it is not in the nature of transfer. Changes in the content of the debt include the type; quantity, quality specifications, nature of the debt, term, place and method of performance, settlement method, etc. Changes to non-main content of the debt will not affect the legal relationship. However, after the main contents such as the type of debt, the quality and specifications of the subject matter, and the nature of the debt are changed, they are no longer identical with the original debt.

In summary, the transfer of creditor's rights should be implemented with the knowledge of the transferee.

Legal basis

"People's Republic of China and Civil Code"

Article 546

Transfer of creditor's rights , without notifying the debtor, the transfer will not be effective against the debtor. The notice of transfer of creditor's rights shall not be revoked except with the consent of the transferee.

Article 547

When a creditor transfers his creditor's rights, the transferee shall acquire accessory rights related to the creditor's rights, except where the accessory rights belong exclusively to the creditor himself. The transferee's acquisition of subordination rights will not be affected by the fact that the subordination rights have not gone through the transfer registration procedures or the possession has not been transferred.