Existing property

1. The existing property company shall notify all the owners after signing the creditor's rights transfer contract with the original property company.

2. If the owner pays money to the original property company after receiving the notice, it shall be regarded as the owner's own behavior, and the obligation to pay money to the current property company shall not be exempted;

If the owner is not informed of the transfer of creditor's rights: the payment made by the owner to the original property company is valid and the debt can be exempted. For the losses of the current property company, the current property company shall investigate the original property company's liability for breach of contract according to the creditor's rights transfer contract with the original property company.

3. "What should be the basis for the property management company to sue the owners for not paying the fees?" : the basis of the owner? First ask the current property company to prove that it has informed the owner, and then refute it.

Or are you looking for the basis of the current property management company? Then the current property management company can prove that the owner has been notified.

The legal basis is the provisions of the Contract Law and the General Principles of the Civil Law on the assignment of creditor's rights.

1. "Does the owners' committee have the right to make a decision that the property fees owed by the owners to the original property company shall be recovered by the new property company? ":No, because the owners' committee is not a party to the creditor-debtor relationship and has no right to intervene between the creditor and the debtor, unless both the debtor (the owner) and the creditor (the original property company) agree.

The owners' committee only has the right to decide on matters involving the major interests of all owners.

2. However, the agreement between the original property management company and the current property management company is valid and belongs to the transfer of creditor's rights. For the transfer of creditor's rights, the consent of the debtor (owner) is not required, and the debtor (owner) can be notified only after the original property management company and the current property management company reach an agreement on the transfer of creditor's rights.

Relevant regulations:

(1) Article 8 of the Contract Law: "A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization.

Contracts established according to law are protected by law. "

This is the principle of relativity of contract, which can only bind the parties to the contract, but not the third party outside the contract.

(2) Article 79: "A creditor may assign all or part of its contractual rights to a third party, except in any of the following circumstances:

(a) according to the nature of the contract 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. "

(3) Article 80: "Where the creditor assigns its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor.

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