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Provisions on the service of notice of creditor's rights transfer
Where the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor. In China, the principle of notification is adopted in the issue of the effectiveness of the assignment of creditor's rights to the debtor. Where the creditor transfers its rights, it only needs to notify the debtor, which is effective for the debtor.
Legal objectivity:
Article 80 of China's Contract Law stipulates: "If the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid for the debtor. " It can be seen from the provisions of this article that when a creditor transfers his creditor's rights to a third person and makes the third person a new creditor, he must inform the debtor of the transfer of his creditor's rights to a third person (new creditor). Otherwise, the assignment of the creditor's right to the third party is not effective for the debtor. The debtor may refuse the request of the third party (new creditor) to perform the debt, and the new creditor has no right to claim the creditor's rights. Therefore, the notification obligation of creditor's rights transfer is an indispensable link and condition for the effectiveness of creditor's rights transfer, which can not be ignored.
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