Subjectivity of law: bank loans can be transferred, but they must be approved by the bank. The transfer of bank loans belongs to the transfer of debts. If the debtor transfers part or all of its debts, it must obtain the consent of the creditor, otherwise the transfer is invalid. If the debt is transferred, it will be transferred from the debt.
Legal objectivity: Article 55 1 of the Civil Code of People's Republic of China (PRC). If the debtor transfers all or part of its debts to a third party, it shall obtain the consent of the creditor. The debtor or a third party may urge the creditor to give consent within a reasonable time. If the creditor fails to express it, it shall be deemed as disagreement. Article 552 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If the third party agrees that the debtor will join the debt and informs the creditor, or the third party expresses its willingness to join the debt to the creditor, and the creditor fails to explicitly refuse within a reasonable period, the creditor may request the third party to bear joint and several debts with the debtor within the scope of the debt it is willing to bear.
Second, how to transfer Alipay's debt?
Debt can be transferred if it meets the following conditions: 1. The debt is valid. 2. The transferred debt is transferable. 3. The third party shall reach an agreement with the creditor or debtor on the transfer of debts. 4. The assignment of debts shall be subject to the consent of creditors.
The loan money can be directly transferred to the balance of Alipay account or credited to your own bank card, and you can spend it yourself after the money arrives.
Third, how to transfer bank loan debt
First, the assignment of creditor's rights by banks is not a mandatory provision that violates laws and administrative regulations, and the contract should be deemed valid. Second, commercial banks can transfer the loan creditor's rights to natural persons, other organizations, financial institutions and non-financial institutions. Third, the transfer of specific loan creditor's rights belongs to the creditor's transfer of contract rights to a third party, not to the business activities of granting loans to unspecified objects in society, and does not involve the qualification to engage in loan business. The transferee does not need to be qualified to engage in loan business. At the same time, this behavior is not an act of evading "no lending between non-financial enterprises". Fourth, commercial banks must operate normally when transferring loan claims to social investors: establish corresponding systems, risk management systems, internal control systems and other internal approval procedures; The transferred loan creditor's rights shall be auctioned publicly to form a fair price and accept social supervision; The transfer of the loan creditor's rights shall be reported to the CBRC or its dispatched office, and shall be subject to the supervision and inspection of the regulatory authorities.
Four, how to transfer the bank loan debt
The loan debt can be transferred, but it must be agreed by the creditor. If the creditor does not agree, the transfer of debt is illegal.
legal ground
Article 84 of the Contract Law stipulates that if the debtor transfers all or part of its contractual obligations to a third party, it shall obtain the consent of the creditor.