Whether the creditor's rights can be transferred in the executed cases
Lawyer's analysis:
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.
Legal basis:
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 or its successor or successor as determined by the effective legal document;
(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) It shall be under the jurisdiction of the people's court to which enforcement is applied.
The people's court shall file an application that meets the above conditions within seven days; If one of the above conditions is not met, a ruling shall be made within seven days not to accept the case.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.
Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.
