1. What are the precautions for disputes over creditor's rights and debts?

(a) to ensure that the debt relationship is established according to law.

(2) Pay attention to the time when the debt arises, and don't miss the limitation of action.

In the past cases of debt disputes, most of the reasons for losing were beyond the limitation of action. It can be seen that the limitation of action also determines whether the parties win or lose the case. The limitation of action stipulated by law means that the obligee fails to exercise his rights within the statutory period, that is, he loses the right to request the court to force the obligor to perform his obligations according to the litigation procedure. Limitation of action can be divided into general limitation of action, special limitation of action and the longest limitation of action.

China's Civil Code (202 1 to 1 implementation) stipulates that the limitation period for general civil rights is two years;

The limitation period for the following acts is 1 year: the person who claims compensation for personal injury, the person who fails to declare the sale of unqualified goods, the person who delays or refuses to pay the rent, and the person whose deposit is lost or damaged; It also stipulates that the maximum limitation period is 20 years. In addition, it should be noted that the limitation of action begins when the obligee knows or should know that the right has been infringed.

When preserving the property of husband and wife in court, we should not only look at whether the debt is borrowed by one of them, but also whether the debt belongs to the personal debt of the other party. If it is determined that it is a personal debt, then the property that the court can preserve can only be the personal property of the parties, but the burden of proof for confirming that it is a personal debt lies with both husband and wife.

Second, what kinds of creditor's rights and debts are generally undertaken?

There are two kinds of creditor's rights and debts acceptance in a broad sense: one is contract acceptance; The other is enterprise merger.

General acceptance of debt: it can be based on the contract between the parties: general acceptance called expression of will; It can also be based on the direct provisions of the law: it is called statutory general acceptance.

Contract acceptance

Contract acceptance: refers to one party to a contract concluding a contract with a third party: transferring all or part of its contractual rights and obligations to the third party; With the consent of the other party, the third party assumes the contractual status: in whole or in part.

Contractual rights: undertake contractual obligations. The contract not only undertakes the transfer of contractual rights, but also undertakes the transfer of contractual obligations: therefore, the transferred contract can only be a bilateral contract. A unilateral contract can only bear a specific burden: that is, the assignment of creditor's rights or the assumption of debts: it cannot bear a general burden.

Business combination.

Business combination: refers to the merger of two or more enterprises into one enterprise.

After the merger of enterprises, the transfer of creditor's rights and debts of the original enterprise is a legal transfer, which takes effect according to the notice or announcement without the consent of the other party. The notification method can be individual notification or announcement notification. Notice: It shall be guaranteed to be known to the other party under normal circumstances. When the notice reaches the other party or the announcement expires, the original creditor's rights and debts are transferred to the merged new enterprise, and the new enterprise becomes a party to the debt relationship, enjoying the creditor's rights and assuming the debts. Moreover, the rights and defenses of creditor's rights are transferred together with the obligations and defenses of debts.

3. What are the general transfer methods of creditor's rights and debts?

(1) Contract acceptance

That is, with the consent of the other party, one party transfers all the rights and obligations of its contract to a third party.

The contract acceptance must meet the following requirements:

1, there must be a legal and effective contract, which is the fundamental premise of contract acceptance;

2. The contract signed is a double paid service contract. In a unilateral contract, the parties either only assume obligations or only enjoy rights, and the transfer of a unilateral contract is not an ordinary transfer of creditor's rights and debts;

3. The transferor of the original contract must reach a transfer agreement with a third party;

The acceptance of the contract must be agreed by the other party.

The validity of contract acceptance means that all the creditor's rights and debts of the original contract parties are borne by the third party, and the original contract parties are separated from the contractual relationship.

(B) Business combination

Business combination includes the absorption of one enterprise or part of it by another enterprise or the merger of several enterprises into a new enterprise. After the merger of enterprises, all the creditor's rights and debts of the enterprise to the third party destroyed by the merger shall be borne by the merged enterprise.

If only a part of an enterprise is absorbed by other enterprises, the creditor-debtor relationship of the enterprise shall be handled by the surviving enterprise part and the enterprise that merged the enterprise part through consultation. To sum up, we must pay attention to the litigation time of debt disputes, and it will be difficult to pursue them beyond the time limit.

Legal objectivity:

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.