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Does infringement of creditor's rights belong to infringement of property rights

Time: 2024.03.04 label: Creditor's rights and debts Debt claims Reading: 971 people
Lawyer's analysis:
1. Creditor's rights belong to property rights, so obligor Infringement is an act of infringing property rights. If the civil rights and interests are infringed upon, the infringed has the right to request the infringer to bear tort liability
2. The creditor's right is a kind of property rights, so the debtor's infringement is an act of infringement of property rights. If the property is transferred maliciously to escape debt Etc.
Legal basis:
Article 118 of the Civil Code of the People's Republic of China
Civil subjects enjoy creditor's rights according to law.
Creditor's right refers to the right of obligee to request a specific obligor for or not for a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.
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The IOU written between lovers has legal effect as long as it does not violate the prohibitive provisions of the law, nor is it made under coercion. The IOU belongs to "debt with cause", which is used as the evidence of debt. If the other party defends, it also needs to prove that the reason for the formation of debt is sales, gifts

According to the Civil Code, if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses. Therefore, if the debtor breaches the contract, the creditor may require the debtor to bear the breach as agreed

How long is an IOU valid in law in the Civil Code: the validity of an IOU depends first on the agreement of both parties on the time limit. If there is an agreement, it is natural to follow the agreement. If there is no agreement, the limitation period of action for general creditor debtor relationship is three years, since the creditor knows or should

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    The transfer of debt needs to follow the key elements: the debt must be valid and the responsibility can be transferred. According to Article 551 of the Civil Code, if the debtor wants to transfer the debt to a third party, it must obtain the explicit consent of the creditor, otherwise it will be deemed that it has not been approved. If the creditor fails to respond for a long time, it shall be deemed that it does not agree to the transfer. Unauthorized transfers may not be valid.

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    Creditors whose rights and interests are damaged can protect their rights by employing lawyers. Detailed written basis shall be provided for submitting the lawsuit to the court; Lack or unclear facts may lead to rejection. In private lending, the disappearance of the defendant does not affect the trial by default under a clear relationship, but the unclear facts will suspend the proceedings. Therefore, it is very important to preserve the loan contract and other clear evidence to prove the loan relationship, in case the disappearance of the borrower leads to the stagnation of litigation.

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    1、 Plaintiff information: name, gender, age, ID card number, native place, work unit, address, contact number; 2、 Defendant: name, gender, age, ID card number, etc; 3、 Third person: name, gender, age, ID card number, native place, work unit, address, contact number; 4、 Write down the cause of action. 5、 Write down the facts and reasons. 6、 The specific time of signing and the applicant.

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    1. The transfer of debt must be an effective debt, and the effective existence of debt is the premise of debt undertaking. 2. The transferred debt in the debt transfer is transferable, and the debt that is not transferable cannot become the subject of the debt transfer contract. 3. The third party involved in the assignment of debt must reach an agreement with the creditor or debtor on the assignment of debt. 4. The assignment of debt shall be subject to the consent of the creditor.

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 Kuai Yilai, lawyer

Beijing Lianggao (Shanghai) Law Firm

Kuai Yilai, a lawyer, graduated from East China University of Political Science and Law with a bachelor's degree in law, is a full-time lawyer. He has many years of experience as a legal manager in well-known pharmaceutical enterprises. At present, he serves as a perennial legal consultant for many enterprises, and his service units involve physical manufacturing and medical health. He is good at handling civil and commercial disputes, contract law, marriage and family affairs. Lawyer Kuai Yilai can design specially targeted crisis handling and dispute resolution according to the case situation, always adhere to the practice philosophy of "diligence, due diligence and efficiency" in his work, and adhere to the principle of "customer-centric" to provide all-round high-quality legal services.

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