After the assignment of creditor's rights, the assignment cannot be revoked except with the consent of the transferee creditor. The contract for the assignment of creditor's rights is legal and protected by national law after the parties have reached a consensus on the contract of assignment of creditor's rights and the debtor has been notified, and the assignment has not harmed the interests of a third party.
Article 546 of the Civil Code: Where a creditor transfers creditor's rights 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.
Article 547:Where a creditor assigns a creditor's right, the assignee obtains a subordinate right related to the creditor's right, except that the subordinate right is exclusive to the creditor itself.
The assignee's acquisition of a subordinate right is not affected by the fact that the subordinate right has not been registered for transfer or has not transferred possession.
Effect of assignment of creditor's rights
First, the creditor's right is transferred from the assignor (the original creditor) to the assignee, the assignor breaks away from the original contractual relationship, and the assignee replaces it as a party to the debtor's relationship, that is, a new creditor.
Second, when the assignor transfers the claim to the assignee, the subordinate rights attached to the principal claim are also transferred, except for the inseparable relationship with the person. Subordinate rights attached to the principal claim refer to the security or other subordinate rights including the debt, such as mortgages, deposits, liens, guarantees, etc.;The right to claim unpaid interest on subordinate claims;The right to claim liquidated damages and compensation for damages in the event of non-performance of debts. However, rights exclusive to creditors, such as the right to rescind a contract, cannot be transferred with the transfer of the principal claim. Because the right of rescission is related to the existence and abolition of the contract, it is inseparable from the original creditor and cannot be transferred to the assignee as a matter of course.
Third, when the assignor assigns a claim to the assignee, it shall provide the other party with the legal documents and evidence necessary for the exercise of the claim, and shall inform the assignor of all the circumstances necessary to assert the claim. The mortgaged property in the possession of the assignor shall also be delivered to the other party when the transfer of claims takes effect. The legal documents necessary for the exercise of the obligatory rights, such as contracts, agreements, IOUs, and other certificates proving the establishment of the obligatory rights, shall be delivered to the other party, and if the obligatory rights are accompanied by a pledge or mortgage certificate, the certificates shall be delivered together. At the same time, it shall inform you of the period of performance of the debt, the place of performance, the witnesses to the establishment of the creditor's right, the letter, telegram, insurance, tax payment certificate, the record of the commercial account book, the right to defend the creditor's right, and all the circumstances necessary to claim the creditor's right.
Fourth, the assignor has a security obligation to the assignee. The assignor shall ensure that the rights transferred by it are validly existing and that there are no defects in the rights. This warranty is often referred to as a warranty against defects of title. If, after the transfer of rights, the rights are defective and the losses are caused to the right holder, the assignor shall be liable for damages to the assignee. Of course, if the assignor expressly informs the assignee of the defect in the rights at the time of assignment of rights, the assignee is not entitled to compensation. ”
*: Chengyu Legal Affairs, "Can the Assignment of Creditor's Rights and Debts Be Revocable".
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