The alias of assignment of creditor's rights, also known as assignment of creditor's rights, refers to the phenomenon that the creditor transfers its creditor's rights to a third party through the assignment contract without losing its unity. Assignment of creditor's rights refers to the act that the creditor transfers all or part of his creditor's rights to a third party through agreement without changing the content of the creditor's rights relationship. Among them, the feeder is called the transferor, and the third person is called the transferee.

Extended information:

1. Relevant features

1. Assignment of creditor's rights is mandatory.

if the creditor and the third party agree on the meaning of the assignment of creditor's rights, the assignment contract of creditor's rights will be established, and there is no need to perform a special form of contract, except that the approval and registration procedures are required by laws and administrative regulations. Whether the assignment contract of creditor's rights is made in written form does not affect its effectiveness. The assignment of the creditor's rights for which the creditor's rights certificate has been made requires the delivery of the creditor's rights certificate, but this behavior belongs to the establishment of fulfilling the collateral obligation rather than the assignment of the creditor's rights.

2. The assignment of creditor's rights has no cause.

the assignment of creditor's rights is caused by various reasons, which may be based on buying, selling, giving, or paying off in lieu of things, but no matter what the reason is and whether it is effective or not, it has no direct influence on the validity of the assignment contract of creditor's rights. This is the nullity of assignment of creditor's rights. The purpose of this nullity is to ensure the security of the transfer of creditor's rights and the interests of bona fide transferees.

3. Assignment of creditor's rights is a disciplinary action.

the assignment of creditor's rights is to dispose of creditor's rights as a property, so the assignor is required to have the authority and ability to dispose of creditor's rights. Unless the creditor ratifies the creditor's right, the act of assigning the creditor's right to another person without the right of disposition is invalid.

II. Constitutive conditions of creditor's rights

Since creditor's rights are a type of rights in civil law, according to the three elements of creditor's rights infringement, the elements of creditor's rights infringement include damage, causality and fault.

just because of the non-publicity brought by the relativity of creditor's rights and the indirectness of the third party's infringement of creditor's rights, scholars' standards are much stricter when discussing the constitutive requirements of the third party's infringement of creditor's rights than when infringing on property rights. This is mainly reflected in the identification of the fault of the actor.

Baidu encyclopedia-assignment of creditor's rights

Baidu encyclopedia-creditor's rights