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In principle, the litigation period of the case of arrears of payment for goods is set as 3 years after the debt occurs. During this period, the borrower has the obligation to assume the repayment liability without default, and as a creditor, it also needs to actively safeguard its own rights and interests. If within this time limit, the creditor has made a claim against the borrower, or the borrower has agreed to perform the repayment obligation, the limitation of action will be recalculated. As for the starting point of the litigation period, it is generally believed that it should be calculated from the date when the creditor knows exactly that its rights and interests are damaged and the debtor clearly knows its obligations.
#Creditor's rights and debts
946 readings
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Disputes involving private lending shall generally be accepted and adjudicated by the people's court of the defendant's domicile or the place where the agreement is actually performed. If the parties have clearly agreed on the competent court in the loan agreement, and the agreement also complies with the provisions of relevant laws and regulations, the specific competent court shall be determined according to this agreement. If no agreement is made, the place where the lender, as the party accepting the currency, is located shall be deemed as the place of performance of the agreement.
#Creditor's rights and debts
841 readings
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Under the express provisions of the Civil Code of the People's Republic of China, it is indeed allowed to change the transfer of creditor's rights. However, the right to change the transfer is not unlimited freedom, it must strictly comply with the established conditions and procedures. For example, the assignment of creditor's rights must be notified to the debtor in a timely and effective manner. If the creditor fails to complete the notification obligation, the assignment will not have any legal binding force on the debtor. In addition, in the process of changing the assignment of creditor's rights, respecting and protecting the legitimate rights and interests of all relevant parties and ensuring fairness and justice are also crucial considerations.
#Creditor's rights and debts
910 readings
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During the maintenance of the marriage relationship, if the wife deliberately conceals the debts incurred and borne by her husband, it can be called "the wife conceals the debts". In this way, the husband may be passively involved in the responsibility of sharing debts without knowing it, which will seriously affect the family's financial situation and the harmonious relationship between husband and wife. However, if the above debts are not used for the husband and wife's common life needs, jointly engaged in production and business operations, or are not supported by the clear will of both husband and wife, then the husband may be exempt from corresponding responsibilities in this debt.
#Creditor's rights and debts
939 readings