1. Can the original creditor recover the creditor's rights

After the creditor's rights are transferred, the creditor's rights are obtained by the assignee, and the original creditor is no longer a creditor, so the original creditor cannot recover the creditor's rights from the debtor.

article 545 of the civil code of the people's Republic of China

the creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:

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

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

(3) It shall not be transferred according to the law.

if the parties agree that the non-pecuniary creditor's rights shall not be assigned, they shall not confront a bona fide third party. If the parties agree that the money and creditor's rights are not transferable, they may not confront a third party.

Article 546 Assignment of Creditor's Rights Notifies the creditor to assign the creditor's rights. If the debtor is not notified, the assignment is not effective for the debtor.

the notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee.

article 547 if the obligee transfers the obligee's rights at the time of assignment, the assignee obtains the subordinate rights related to the obligee's rights, except that the subordinate rights belong exclusively to the obligee.

the transferee's acquisition of the subordinate right is not affected by the fact that the subordinate right has not gone through the transfer registration formalities or the possession has not been transferred.

second, do you need the debtor's consent to transfer the creditor's rights?

You don't need the debtor's consent to transfer the creditor's rights, you just need to inform the debtor. The transfer of creditor's rights adopts the notification principle, and it can be transferred without the consent of the debtor. If the creditor transfers the creditor's rights without notifying the debtor, the transfer shall not be effective for the debtor.

iii. What conditions are required for the creditor to transfer the creditor's rights

(1) There must be valid creditor's rights, and the transfer of the creditor's rights does not change the content of the creditor's rights

The effective existence of the creditor's rights is the basic prerequisite for the transfer of the creditor's rights.

(II) Assigned creditor's rights must be assignable

According to the provisions of the Civil Code, the following three types of creditor's rights cannot be assigned:

1. Contract creditor's rights that cannot be assigned according to the nature of the contract. Including: creditor's rights based on personal trust relationship. Creditor's rights arising from contracts such as employment, entrustment and lease; Creditor's rights that exist exclusively for the benefit of specific creditors. For example, the contractual creditor's right to teach a foreign language to a specific person; Creditor's right of omission. For example, non-competition agreement; Creditor's rights belonging to subordinate rights. For example, the creditor's rights shall not be assigned separately. However, if the subordinate right can exist separately from the main right, it can be transferred. For example, the interest creditor's rights that have been generated can be separated from the principal creditor's rights and assigned separately.

2. Creditor's rights that cannot be transferred according to the agreement of the parties. In the contract, the parties may specifically stipulate the contents that prohibit the transfer of creditor's rights with the other party. Like other clauses, this agreement, as the contents of the contract, of course has legal effect, so such creditor's rights are not assignable.

3. Creditor's rights that are not transferable according to the law. The Civil Code does not clearly stipulate what kind of creditor's rights are forbidden to be transferred. Therefore, the creditor's rights that cannot be transferred according to the law refer to the provisions on the prohibition of creditor's rights in laws other than the Civil Code.

(3) The transferor and the transferee shall reach an agreement on the transfer of the creditor's rights, and shall not violate the relevant provisions of the law.

Article 545 of the Civil Code (effective on January 1, 221) The creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances:

1. According to the nature of the creditor's rights, it may not be transferred;

2. It shall not be transferred according to the agreement of the parties;

3. It shall not be transferred according to the law.

if the parties agree that the non-pecuniary creditor's rights shall not be assigned, they shall not confront a bona fide third party. If the parties agree that the money and creditor's rights are not transferable, they may not confront a third party.

(IV) The debtor shall be notified of the assignment of the creditor's rights

Article 546 of the Civil Code states: "If the creditor assigns the creditor's rights without notifying the debtor, the assignment shall not be effective for the debtor. The notice of the assignment of creditor's rights shall not be revoked, except with the consent of the transferee. " It can be seen from this provision that the notice of transfer is a necessary condition for the transfer of creditor's rights. Because there is no notice, the other party to the original contract cannot know that the assignor has transferred the contractual rights and obligations. The notice of assignment shall be delivered to the other party.

to sum up, after the creditor's rights are transferred, the creditor's rights will be obtained by the assignee, and the original creditor is no longer a creditor, so the original creditor cannot recover the creditor's rights from the debtor.