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How to write creditor's rights in divorce agreement

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How to write creditor's rights in divorce agreement


        

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  • 2024-06-09 22:00:04

    In the divorce agreement, both parties can negotiate on their own about the creditor's rights, and write it into the divorce agreement according to the results reached through consultation. First of all, the types of creditor's rights owned by both husband and wife need to be clearly stated. Secondly, it needs to specify the distribution of creditor's rights. On the issue of creditor's rights, it involves the characterization of joint creditor's rights, the determination of the proportion of both parties to bear and the way to exercise creditor's rights. Finally, it is necessary to notify the debtor of the agreement. If the debtor is not notified, it is difficult for the debtor to perform.
    In principle, the joint claims and debts of husband and wife shall be equally divided. If both parties agree otherwise, the agreement shall prevail. The signed agreement shall be binding upon both parties after being registered by the Civil Affairs Bureau.
    Legal basis:
    Article 545 of the Civil Code of the People's Republic of China
    The obligee may assign all or part of its obligee's rights to a third person, except under 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.
    Article 1076 of the Civil Code of the People's Republic of China
    If the couple divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.
    Article 1078 of the Civil Code of the People's Republic of China
    If the marriage registration authority finds out that both parties are indeed willing to divorce, and that they have reached consensus on matters such as child rearing, property and debt handling, it shall register and issue a divorce certificate.

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