Joke Collection Website - Public benefit messages - What rights can the debtor claim from the assignor after receiving the notice of assignment of creditor's rights?
What rights can the debtor claim from the assignor after receiving the notice of assignment of creditor's rights?
First, the debtor's defense against the assignor after receiving the notice of assignment of creditor's rights.
After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.
Second, the notification mode of creditor's rights transfer
According to the creditor's rights transfer agreement signed by our company and xxx company on xx, xx, the debt of X yuan owed by your company will be transferred to xx company on xx, XX, XX. Please pay the money to xxx company.
I hereby inform you.
Company name: xxx
Xx year x month x day
Three, what is the provision of the debtor's right of defense in the transfer of creditor's rights?
Article 548 of the Civil Code: the debtor's right of defense when the creditor's rights are transferred. After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.
Article 549 When the creditor's right is assigned, the debtor may claim the right of set-off from the assignee in any of the following circumstances:
(1) When the debtor receives the notice of assignment of creditor's rights, the debtor enjoys the creditor's rights against the assignor, and the debtor's creditor's rights expire before or at the same time as the assigned creditor's rights;
(2) The debtor's creditor's rights and the assigned creditor's rights are based on the same contract.
Article 550 of the Civil Code The burden of performance expenses increased due to the assignment of creditor's rights shall be borne by the transferor.
Article 551 Where the debtor assigns all or part of the debt to a third person, it shall obtain the consent of the creditor.
The debtor or a third party may urge the creditor to give consent within a reasonable time. If the creditor fails to express it, it shall be deemed as disagreement.
The above is about the debtor's defense against the assignor after receiving the notice of assignment of creditor's rights. After receiving the notice of assignment of creditor's rights, the debtor may claim a defense against the assignor from the assignee. If you have any other legal questions, please consult a lawyer in time.
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