Article 546 of the Civil Code: Where a creditor transfers a creditor's right without notifying the debtor, the assignment shall not be effective against the debtor. The first paragraph of Article 696 stipulates that if a creditor assigns all or part of its creditor's rights without notifying the guarantor, the assignment shall not be effective against the guarantor. Accordingly, the assignment of claims applies to both the debtor and the guarantor the rule of "no effective without notice".
However, the Civil Code does not expressly provide that "the notice shall take effect", and in practice, there are differences on whether the subordinate nature of the secured debt in the assignment of secured claims affects the validity of the notification of assignment of creditor's rights. One view is that the guarantee contract is subordinate in nature, and according to the principle of subordination, if the assignment of claims is only notified to the guarantor, the assignment is not effective against both the debtor and the guarantor;Another view is that the effect of the notification of the assignment of claims is independent, and if the assignment of claims is only notified to the guarantor, the assignment is not effective against the debtor, but effective against the guarantor.
In the author's opinion, it can be seen from the above legal provisions that if a creditor assigns a creditor's right without notifying the debtor, the assignment is not effective against the debtor. If the guarantor is not notified, the assignment shall not be effective against the guarantor. In other words, the assignment of the creditor's rights by the creditor, regardless of which party is notified separately, cannot bind the debtor and the guarantor. The "notice" will only be effective if it reaches the debtor and the guarantor, and both the debtor and the guarantor agree.
This requires that when the creditor assigns the creditor's rights, it must notify the debtor and the guarantor at the same time before the notice can take effect, otherwise it will not take effect.
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