Legal consequences of failure to notify the debtor of the transfer of creditor's rights

1. If the debtor is not informed of the transfer of creditor's rights, the following consequences will occur: the transfer of creditor's rights will not have legal effect. According to the law, if the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective for the debtor. That is, the debtor can still perform its obligations to the original creditor, and the debt relationship is eliminated because the debtor fully performs it. Failure to notify the debtor does not affect the effectiveness of the assignment between the creditor (assignor) and the assignee.

Second, the conditions and legal effect of the transfer of creditor's rights

1. Valid creditor's rights must exist. If the creditor's rights do not exist, the transfer is invalid.

2. The transferred contractual rights must be transferable.

3. The transferor and the transferee must reach a written transfer agreement, which needs to be signed by both parties. If the creditor transfers the creditor's rights without notifying the debtor, the transfer shall not be effective for the debtor. The notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee.

3. What are the restrictions on the transfer of creditor's rights?

Restrictive provisions on the transfer of creditor's rights The so-called transfer of creditor's rights refers to the act that the contractual creditor transfers all or part of its creditor's rights to a third party through agreement. Through the problems existing in the theory and judicial practice of creditor's rights transfer, the author thinks that the creditor's rights transfer should be restricted from the aspects of subject, object, content and form.

1, the main limitation. Article 545 of the Civil Code stipulates that the contractual creditor's rights can be transferred, but there is no restriction on the assignee. Therefore, it can be understood that creditors can dispose of their claims according to their own wishes, and are not limited by nature and form.

2. Restrictions on objects. The object of a contract can be things, behaviors and intellectual achievements. But the object of contractual creditor's rights is mainly behavior, that is, the specific behavior that the debtor should be. There are many kinds of behaviors, some of which can be replaced or replaced, such as behaviors without technical content and specific requirements; Some behaviors are irreplaceable or irreplaceable, such as those closely related to the actor's reputation, skills and abilities. If such behavior is exercised by others, it will definitely affect the purpose of the contract.

3. Restrictions on content. According to the principle of freedom of contract, the parties may make a special agreement at the time of concluding a contract or after concluding a contract to prohibit either party from transferring the contractual rights. As long as this agreement does not violate the prohibitive provisions of law and social public morality, it has legal effect. Any party who transfers the contractual rights in violation of the agreement will constitute a breach of contract. Therefore, the contractual rights clearly stipulated in the contract shall not be transferred.

4. Formal restrictions. A contract that should be approved by the state according to law must be approved by the original approving authority when the creditor transfers his rights. If the original examination and approval authority refuses to approve the transfer of creditor's rights, the transfer is invalid.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 545 Creditors may assign all or part of their creditor's rights to a third party, except in any of the following circumstances:

(a) according to the nature of the creditor's rights shall not be transferred;

(two) according to the agreement of the parties shall not be transferred;

(3) It shall not be transferred according to law. If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party.

Article 546 Assignment of Creditor's Rights Without notifying the debtor, the assignment shall not have effect on the debtor. The notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee.