Trial principles of disputes over the transfer contract of financial bad creditor's rights
If a financial asset management company agrees or re-agrees with the debtor on its own after accepting the bad creditor's rights, and it does not violate the law, the people's court shall consider the agreement valid. If a financial asset management company prohibits resale in the transfer contract of bad debts, it shall recover from state-owned banks, people's governments at all levels, state institutions, etc. , and transferred to a specific third party, etc. The people's court shall determine that this clause is valid. And pay attention to the following principles in the trial: (1) Adhere to the principle of safeguarding national economic security. (2) Adhere to the principle of maintaining enterprise and social stability. (3) Adhere to the principle of fairness, appropriateness and reasonableness according to law. (four) adhere to the principle of giving priority to mediation and combining mediation with judgment. According to Article 547 of the Civil Law, if a creditor assigns a creditor's right, the assignee obtains the subordinate rights related to the creditor's right, except that the subordinate rights belong exclusively to the creditor.