What are the non-transferable claims and debts under the provisions of the Civil Code?
Non-negotiable claims and debts include, firstly, non-negotiable claims that are not transferable according to the nature of the claim, non-transferable claims that cannot be assigned according to the agreement of the parties, and non-transferable debts that cannot be assigned according to the provisions of the law, and non-negotiable debts that the creditor does not agree to assign.
Article 545 of the Civil Code.
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 cannot be assigned according to the nature of the obligatory right;
2) It shall not be transferred in accordance with the agreement of the parties;
3) It cannot be transferred in accordance with the provisions of law.
Where the parties agree that non-monetary claims may not be assigned, they must not be used against a bona fide third party. Where the parties agree that monetary claims may not be assigned, they must not be used against a third party.
Article 551.
Where the debtor transfers all or part of the debt to a third party, the consent of the creditor shall be obtained.
The debtor or a third party may urge the creditor to agree within a reasonable period of time, and if the creditor fails to express it, it shall be deemed to have disagreed.
The assignment of claims does not inform the debtor of the validity of the assignment agreement
The assignment agreement is generally valid without notifying the debtor, but if the debtor is not notified, it is invalid against the debtor. Chinese law stipulates that if a creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective against the debtor. The meaning of this provision is twofold:
1) It has legal effect on both parties to the assignment. The assignment of rights by creditors is a right conferred by law, and creditors can dispose of their rights on their own without violating the law and the public interest. After the creditor and the assignee reach an agreement to sign the assignment contract, if there is no special agreement, the contract will be established and take effect, which is legally binding on both the creditor and the assignee, and the creditor's right has been transferred by the creditor to the assignee, and the assignee obtains the creditor's right. (2) Failure to notify has no legal effect on the debtor. After the contract for the assignment of creditor's rights is concluded and takes effect, it becomes legally binding on the creditor and the assignee, but if the debtor is not notified, it shall not be effective against the debtor. Article 546 of the Civil Code provides that if a creditor transfers a creditor's right without notifying the debtor, the assignment shall not be effective against the debtor. The notice of assignment of claims may not be revoked, except with the consent of the assignee.
The assignment of claims does not inform the debtor of the validity of the assignment agreement
The assignment agreement is generally valid without notifying the debtor, but if the debtor is not notified, it is invalid against the debtor. Chinese law stipulates that if a creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective against the debtor. The meaning of this provision is twofold:
1) It has legal effect on both parties to the assignment. The assignment of rights by creditors is a right conferred by law, and creditors can dispose of their rights on their own without violating the law and the public interest. After the creditor and the assignee reach an agreement to sign the assignment contract, if there is no special agreement, the contract will be established and take effect, which is legally binding on both the creditor and the assignee, and the creditor's right has been transferred by the creditor to the assignee, and the assignee obtains the creditor's right. (2) Failure to notify has no legal effect on the debtor. After the contract for the assignment of creditor's rights is concluded and takes effect, it becomes legally binding on the creditor and the assignee, but if the debtor is not notified, it shall not be effective against the debtor. Article 546 of the Civil Code provides that if a creditor transfers a creditor's right without notifying the debtor, the assignment shall not be effective against the debtor. The notice of assignment of claims may not be revoked, except with the consent of the assignee.
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