Exclusive legal counsel for entrepreneurs.
There are many disputes over creditor's rights and debts in civil disputes, and creditor's rights and debts exist in our daily life and work. As long as the creditor's rights and debts are legally constituted, they are always valid, and the creditor's rights, as a right, can be transferred, but the debtor's recognition must be notified at the time of transfer. So, how to determine the jurisdiction after the assignment of creditor's rights?
The following conditions must be met for the assignment of creditor's rights:
1. There must be a valid creditor's right. If the claim does not exist, the assignment is invalid. As the assignor, it only guarantees the existence of the claim, but does not guarantee whether the debtor has solvency. Therefore, rights that have expired in the statute of limitations can also be the subject of assignment.
2. The transferred contractual rights must be assignable.
3. A written transfer agreement shall be reached between the two parties and signed by both parties.
1. The general principle of territorial jurisdiction for the assignment of creditor's rights.
From the perspective of legal relations, the new creditor, i.e., the assignee, will replace the position of the original creditor, i.e., the assignor, and become a party to the litigation, and the original legal relationship will be extinguished, and a new legal relationship will arise. In this case, the lawsuit filed by the new creditor shall be under the jurisdiction of the people's court at the place where the defendant is domiciled in accordance with the general principle of article 22 of the Civil Procedure Law of the People's Republic of China concerning the plaintiff against the defendant.
2. The special principle of territorial jurisdiction for the assignment of creditor's rights.
The so-called special territorial jurisdiction for the assignment of creditor's rights refers to the determination of jurisdiction according to the location of the subject matter of the litigation or the subject matter, that is, the jurisdiction of the people's court at the place where the contract is performed. Such a provision is in line with the special principle of jurisdiction over contract disputes in Article 24 of the Civil Procedure Law of the People's Republic of China, and the people's court at the place where the contract is performed shall have jurisdiction. Therefore, the place of performance of the contract is also an important part of the judge's review and determination of the jurisdiction of the case.
3. The principle of jurisdiction of the creditor's rights transfer agreement.
Jurisdiction by agreement, also known as jurisdiction by agreement, reflects the true meaning of the parties to resolve the issue of dispute jurisdiction before signing and performing the contract. It can be seen that when the court accepts such a case, it should follow the agreement between the two parties. In other words, the jurisdiction agreement signed between the assignor of the assignment of claims and the debtor of the assignment of the creditor's rights also applies to the assignor and the assignee. Therefore, this can better reflect the principle that the parties to the Civil Procedure Law of China agree on jurisdiction by agreement.