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I owe the property management fee to the previous property management company. Take over the back property, right?
The transfer of creditor's rights must meet the following conditions to be effective:
(1) must have valid creditor's rights;
(2) The assignor and assignee of creditor's rights must reach an agreement on the assignment of creditor's rights;
(3) The assigned creditor's rights must be transferable;
(4) There must be a notice of transfer.
On the effectiveness of notice of creditor's rights transfer
Paragraph 1 of Article 80 of the Contract Law stipulates: "Where the transferor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid for the debtor. " After the notice of creditor's rights transfer is issued, the following circumstances may occur:
(1) The debtor signs for it himself. In this case, the effectiveness of the assignment of creditor's rights naturally extends to the debtor. After receiving the notice, the debtor shall pay off the debt to the assignee, and may claim a defense against the original assignor from the assignee.
(2) The notice of creditor's rights transfer shall be collected by others. Creditor's right is the right to a specific person, and the assignee has the right to claim creditor's right from a specific person after the establishment of the creditor's right transfer agreement. Therefore, it is uncertain whether the behavior collected by others will be transferred to the debtor, which fails to make the debtor know the fact of the transfer of creditor's rights. Therefore, in this case, the effectiveness of the transfer of creditor's rights should be less than that of the debtor.
(3) The notice of creditor's rights transfer is returned for various reasons. In this case, it should not be regarded as non-notification, and the return due to the debtor's refusal should be treated differently. Under the condition of China's natural market economy, it seems that it is not conducive to the settlement of natural disputes only from the perspective of protecting bona fide debtors. The debtor's refusal is a subjective attitude towards the transfer of creditor's rights, not the failure to deliver the notice of transfer due to objective reasons, but the debtor's attitude towards the transfer of creditor's rights. In the transfer of creditor's rights, the debtor is in a passive state and does not need to obtain the debtor's consent. If it is found to be invalid, it will open the door for malicious debtors with insufficient integrity, which is not conducive to the realization of creditor's rights protection and the establishment of the principle of good faith.
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