The common reason for the transfer now is that the creditor's rights are non-performing loans. After the bank discounted the transfer, the new creditor can continue to go to the debtor for collection, still according to the original contract amount, thus creating a certain profit space for himself.
The assignment of creditor's rights refers to the behavior that the contractual creditor assigns all or part of its creditor's rights to a third party. The transfer of creditor's rights is divided into total transfer and partial transfer. All the creditor's rights are transferred to a third party, and the third party replaces the original creditor to become a new creditor in the original contractual relationship. The creditor of the original contract lost his creditor's rights due to the transfer of the contract, and part of his creditor's rights were transferred to a third person, who became a creditor of the original contract and became a new creditor. The creditor's rights relationship in the contract is changed from one person to several people. The creditor who newly joined the contract and the original creditor jointly enjoy the creditor's rights and joint creditor's rights.
According to the current laws in China, the transfer of creditor's rights only exists in contract meetings, that is, the transfer of contractual rights refers to the transfer of all or part of contractual rights by one party to a third party outside the contract.
It is still a contract in nature, which has the constitutive requirements for the establishment and effectiveness of the contract, that is, both the assignor and the assignee are required to have full capacity for civil conduct, and the intention of the transfer of creditor's rights of both parties does not have the priority of fraud, coercion, taking advantage of the danger of others and harming the legitimate interests of the state, the collective and others, nor can it cover up illegal purposes in a legal form.
The effect of the transfer of contractual rights is the change of the original contract subject, including two situations: first, the transferor withdraws from the original contract relationship and the transferee replaces its creditor status; Two, the transferor does not withdraw from the original contract relationship, and together with the transferee to become the creditor of the original contract. The concept of creditor's rights transfer can be reflected in the comparison with related concepts:
(1) Contract for assignment and donation of creditor's rights. A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift. One party to a gift contract, that is, the donee, may be a person with limited capacity for civil conduct or a person without capacity for civil conduct.
Moreover, the gift contract is generally a punishment behavior implemented by the donor based on property rights, and generally has no causal relationship. The donor may revoke the gift before the transfer of the right to the donated property, except those with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation. The assignment of creditor's rights is based on the original contract, and the assignee must have full capacity for civil conduct. The transfer of creditor's rights is the transfer of creditor's rights, followed by the transfer of property ownership and the transfer of some contractual obligations. There is generally a reason for the transfer of creditor's rights, that is, there is a creditor-debtor relationship or other relationship between the transferor and the transferee.
(2) Transfer of creditor's rights to a third party and performance. The debtor forms an entrustment relationship with the third party designated by the creditor. If the debtor fails to perform or performs improperly, the creditor, not a third party, shall investigate the debtor's liability for breach of contract. When the third party breaches the contract, the third party shall bear civil liability, not the creditor.
(3) Assignment of creditor's rights, subrogation and cancellation of creditor's rights. The exercise of subrogation and cancellation rights conforms to the provisions of the law. When the debtor damages its creditor's rights, the creditor takes the initiative to exercise the creditor's rights of the original debtor or revoke its rights against a third party in its own name. However, the agreed result between the assignor and the assignee of the creditor's rights does not need to be resolved through litigation.