Failure to inform the owner of the transfer of property creditor's rights.

If there is no notice, the assignment is not effective for the debtor, and the debtor can still perform the debt to the original creditor. Failure to notify the debtor does not affect the effectiveness of the assignment between the creditor (assignor) and the assignee. Article 546th of the Civil Code of People's Republic of China (PRC) * * * Where the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor.

I. What will happen if the debtor is not notified of the transfer of creditor's rights?

Article 546 of the Civil Code of People's Republic of China (PRC) (effective from 202 1 1) Where the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor. In practice, adopting debtor's consent is not conducive to transaction convenience, and adopting liberalism is not conducive to transaction security. Therefore, the explicit notification doctrine in the contract law not only recognizes that the assignment of creditor's rights is the disposition of creditors, but also provides convenience and protection for the creditors' free disposition and protects debtors from accidental damage caused by the creditors' assignment of creditor's rights to others. "Because it doesn't matter much to him who the debtor pays his debts. If the debtor's performance fee increases due to the transfer, it shall be borne by the original creditor. "

Second, how to notify the debtor of the transfer of creditor's rights

Article 546 of the Civil Code of People's Republic of China (PRC) (hereinafter referred to as the Civil Code) stipulates: "Where a creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid for the debtor. " This article clearly points out that China adopts the principle of notification on the issue of the effectiveness of the assignment of creditor's rights to the debtor. Where the creditor transfers its rights, it only needs to notify the debtor, which is effective for the debtor.

1, the time for fulfilling the notification obligation

When the creditor and the assignee reach an agreement, the transfer of the creditor's rights will take effect and the creditor's rights will be transferred to the assignee. The debtor is not a party to the contract of assignment of creditor's rights. Whether the debtor agrees to the assignment of contractual creditor's rights does not affect the establishment and effectiveness of the contract for assignment of creditor's rights. Whether to notify the debtor only determines whether the assignment of creditor's rights is legally binding on the debtor, not whether it will take effect. Therefore, even if there is no notice, after the assignment of creditor's rights is agreed, the assignee will take the place of the original creditor and become a creditor. The assignee is qualified as a plaintiff because of the assignment of creditor's rights.

If we insist that the obligation of disclosure should be completed before the litigation, the people's court will reject the assignee's claim on this ground in the litigation, which will violate the legislative intention of the contract law to establish the transfer of creditor's rights-to solve economic disputes in time, encourage transactions and promote the normal economic cycle; At the same time, it misinterprets the legislative intention stipulated in Article 80 of the Contract Law, which stipulates that the notification obligation is to respect the creditor's exercise of rights on the one hand, and to maintain the relative stability of the economic order on the other hand, taking the time when the debtor is notified of the transfer of the creditor's rights as the dividing point, and confirming the object that the debtor should perform the debt repayment obligation.

2, the way to fulfill the obligation of notification

The way to fulfill the notification obligation is not clearly defined in the contract law and its judicial interpretation. I think it can be done orally (if the debtor refuses to admit it, more than two unrelated parties are needed)

3, the main body to fulfill the obligation of notification

According to the provisions of the contract law, the subject of "notification" is the creditor, and the assignee has no obligation to fulfill the notification obligation. However, whether the creditor fulfills the notification obligation is directly related to whether the assignee's creditor's right can be effective to the debtor.

In the effective elements of the assignment of creditor's rights, the creditor is required to notify the debtor. If the debtor is not notified of the assignment of creditor's rights, the assignment will not have legal effect on the debtor at this time. In other words, if the debtor performs the debt to the original creditor at this time, it can also have the effect of eliminating the debt.