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What conditions are needed for the transfer of private lending rights

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What conditions are needed for the transfer of private lending rights


        

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  • 2024-06-06 07:00:03

    The effective conditions of the assignment of creditor's rights are as follows:

    1. The assignment of creditor's rights must have an effective contract;

    2. The transferred creditor's rights must be assignable;

    3. The creditor and the transferee must reach an agreement on the assignment of creditor's rights;

    4. The debtor must be notified of the assignment of creditor's rights;

    5. The assignment of creditor's rights must comply with certain procedures.

    Restrictions on assignment of creditor's rights:

    1. The nature of creditor's rights shall not be transferred;

    2. The parties agree that the transfer is not allowed;

    3. It is not allowed to transfer according to the law.

    If the parties agree that non monetary claims may not be transferred, they may not act against a bona fide third party. If the parties agree that monetary claims may not be transferred, they may not act against a third party.

    [Legal Basis]

    In Article 545 of the Civil Code, a creditor may assign all or part of his creditor's rights to a third person, except in any of the following circumstances:

    (1) It shall not be transferred according to the nature of creditor's rights;

    (2) It shall not be transferred as agreed by the parties;

    (3) It shall not be transferred in accordance with the law.

    If the parties agree that non monetary claims may not be transferred, they may not act against a bona fide third party. If the parties agree that monetary claims may not be transferred, they may not act against a third party.

    One***

    2024-06-06 07:00:03

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