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What is the effective situation of the assignment of creditor's rights

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What is the effective situation of the assignment of creditor's rights


        

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  • 2024-06-15 12:01:43

    The circumstances under which the assignment of creditor's rights takes effect include:
    1. The creditor's right transfer agreement is established and takes effect according to law;
    2. Creditor's rights can be transferred according to law;
    3. The assignment of creditor's rights shall be notified to the debtor, otherwise it will not be effective;
    4. Creditors enjoy creditor's rights according to law.

    Legal basis

    Article 545 of the Civil Code of the People's Republic of China [Assignment of creditor's rights] The 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.

    z***

    2024-06-15 12:01:43

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