Can the creditor's rights be transferred for the executed cases

Creditor's right is the right in civil law to request others to do certain acts. Based on the relative principle of rights and obligations, it is a debt relative to the creditor, that is, a civil law obligation that must be a certain act. Therefore, the relationship of debt is essentially a judicial relationship of creditor's rights and debt. Neither creditor's rights nor debt can exist alone, otherwise it will lose its meaning. Creditor's rights and debts can be transferred or disappear due to the debtor's repayment. However, whether the transfer of creditor's rights and debts or the disappearance of creditor's rights and debts must comply with the corresponding legal provisions.

2024-04-12 18:30:17 2327 people have been helped

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Can the creditor's rights be transferred for the executed cases

According to the existing statute The parties involved in the implementation phase of the system are the related parties of the civil rights and obligations clearly stipulated in the existing legal documents established in the basis for implementation.
Specifically, this includes the rights enjoyed by one party and the obligations undertaken by the other party.
Any third person who has not been recognized as the subject of rights or responsibilities without the provisions of legal documents cannot become the party of enforcement, nor do they have the right to claim enforcement or the obligation to exercise enforcement.
In short, the parties involved in the implementation process are the obligees and responsible persons clearly recorded in the implementation basis.
As for the act of the person applying for execution to transfer the creditor's rights recognized in the execution document, from the perspective of the execution process, it will not make the transferee obtain the position of replacing the person applying for execution naturally, which will have a direct legal impact on the execution procedure. Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Implementation of People's Courts (for Trial Implementation)
The people's court shall meet the following conditions when accepting enforcement cases:
(1) The legal document applied for or transferred for execution has become effective;
(2) The person applying for enforcement is the obligee determined by the effective legal document or its heir . Rights receiver;
(3) The legal document applied for execution has the content of payment, and the object of execution and the person to be executed are clear;
(4) The obligor fails to perform its obligations within the time limit specified in the effective legal document;
(5) Belongs to the people's court to which enforcement is applied have jurisdiction over 。
The people's court shall grant an application that meets the above conditions within seven days Filing a case ； If one of the above conditions is not met, a ruling shall be made within seven days not to accept the case.

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