Transfer of debt

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About the transfer of credit transfer debt debt debt transfer conditions for the transfer form and transfer of debt debt debt join the distinction between standard debt transfer to join Precautions debt transfer system defects and improve the debt, debt transfer Expand full editing Introduction of this paragraph that does not change the rights enshrined in debt, obligations content, and change the subject ─ ─ debt creditor or debtor, that is, the rights enshrined in debt and obligations in the transfer between different subjects. This transfer, there are three cases: ① creditor transfers; ② debt transfer; ③ debt, debt-round transfers. Cession and refers to the content without changing the debt,2013 New Adidas Soccer Shoes, the creditor claims to be entitled to a third person views. Debt obligations, refers to the debtor to assume the burden of debt to a third person. Debt and debt obligations of alienation, the transferor or the original debtor right, with specific interests, such as an inalienable right of cancellation identity, guarantees, cancellation right does not pass to the transferee or obligor. Transfer of credit and debt generalization refers to the substitution of credit and debt to bear the legal status of the transferor, a new legal relationship the parties, all the rights and obligations of the transferor completely transferred to the new grantees. Like the above contacts rights, guarantee, right to revoke such rights can simultaneously transfer. Debts generalization transfer refers to a party to the contract debts be transferred to a third person, by a third party who generally accept the original claims and debts of legal acts. "Contract Law" Article 88 provides that: "The consent of the other party, you can own the rights and obligations of the contract be transferred to a third person." Broad debts transferred in two ways: one for the contract for the transfer; two as a result of a business combination debts incurred by the transfer. "Contract Law" Article 88 refers to the provisions made in the contract for sale. Assignment of contracts, also known as contract commitments, is a party to contract with others after he agreed with a third person and by the consent of the other parties, by a third person instead of their contractual relations in the legal status of a contract right and assume the obligations of the contract. Edit this paragraph the transfer of claims and executive orders imposed in conformity inheritance (see Executive Order of the debt) and metastasis, in general, must be the original creditor and the new creditor agreement. Transfer from the original creditor claims of creditors to reach an agreement with the new effect, usually do not require consent of the debtor. Because the debtor to fulfill its obligations to him who is of the same nature. But the creditor must notify the debtor after the transfer to the new creditor debtor to fulfill its obligations. Such notification may be by the original creditor to the debtor; also be carried out by a new creditor to the debtor, but must provide the necessary proof. If such notice is not timely issue, the original creditor and the debtor to fulfill its obligations, the original creditors have accepted to perform, that is normalized to eliminate debt,Adidas AdiPure FG, the new creditor entitled to request the debtor to perform again, but only to the original creditor recovery. Debt transfer becomes effective, new creditor shall acquire all the rights of the original creditor, including not only the rights enshrined in the original debt, but also includes all the original debt dependent claims, such as breach of contract, warranty, mortgage, etc. (see the Debt Guarantee). Creditor after the transfer, the original creditor claims of creditors of the new real, legitimate and effective responsibility of guarantee. If the original creditor untrue or unlawful, wholly or partially invalid, the new creditor is entitled to recover the original creditor and request compensation for all losses. But the original creditor on the debtor can meet their obligations generally not liable. If the debtor does not fulfill its obligations, or inability to discharge the new creditor entitled to recover the original creditor because of the debtor and the ability to fulfill the credit should be accepted by the new creditor claims in the transfer to be examined and judged. Claims are generally allowed to transfer, but some closely linked with personal debt may not be transferred, for example, due to personal injury claim compensation from the offender, which damages both the amount and duration, and the physical condition of the victim (sometimes also involves economic situation ) close contact, it can not be transferred. National Socialist organizations, in particular the transfer of ownership claims between organizations, it must not be inconsistent with the premise of national plans, involving national mandatory plan, originally issued by the competent authorities of the plan approval. National plans that affect or disrupt the transfer of debt null and void. Creditor transfers, if the original debt is in writing and notarized or certified or set, then the creditor must also be transferred in the same form processing. Edit this paragraph the transfer of the debt inherited and executive orders imposed in conformity metastases outside, not only must the original obligor and the new obligor agreement, and must be approved by the original creditor agrees. Because the debtor creditor relationship significant changes on the new debtor's credibility and its ability to perform is directly related to the creditor can be realized. Therefore, the creditor does not agree, then the transfer of the debt can not be effective. In the bilateral contract, each party is both a creditor and a debtor, so that any changes to the parties (ie, the transfer of debt) will be subject to consent of the other. Creditors do not agree with each other for the transfer of the debt must be justified, shall not withhold consent. For example,cristiano ronaldo soccer shoes 2013, according to China's current rental regulations, the renter (tenant) because between work and life of the legitimate needs of each move rooms, the lessor without serious reasons, generally can not refuse. Creditor after the transfer, and all appurtenant rights are transferred accordingly; debt after the transfer, by contrast, under normal circumstances, not be transferred dependent claims. If a third party for debt guarantees and pledge of the set, the transfer of the debt were lapsed. This is because the third party guarantees and collateral are based on the original debtor or the close relationship of trust was set. Only the guarantor or pledgor expressed willingness to continue to pay insurance obligations, guarantees and pledge to the original debtor continue to be valid for the new, which is actually tantamount to the new agreement creates new guarantee. Debt transfer conditions in general can be transferred debt, but the nature of certain personal debt can not be transferred. Such as books, performances, such as the specific contract debt generally can not be transferred because it is associated with a particular author, actor, contractor-specific level, style, reputation and so closely connected. Debt transfer between the socialist organization, and debt transfer, must not affect the state plan to accomplish as a precondition, otherwise invalid. Transfers in the form of debt in the form of transfer of debt, and debt is also transferred, as written or as part of the original debt notarized or forensic settings, then such transfer shall have the same form to be valid. Join debt debt join means that the debtor is not out of debt relations, but by the third person added to the original deposit debt relations, with the original creditors, debtors jointly liable for the debts to the creditors to fulfill obligations. In the nature of altruistic deed, in practice on creditors' rights issues and the obligations of the debtor or a third person bears a great relationship. Debt added feature, the following aspects: 1, the original premise of the existence of debt effectively; 2, the third party debtor bears the same content as the original debt; 3, the third person jointly and severally liable with the original debtor; 4, enjoyed by the original debtor defense of claims, the third person is also able to fight creditors. Transfer of debt and debt join the distinction between standard debt obligations refers to the relationship between debt without losing its identity, creditors or debtors through debt obligations entered into with a third party contract, in whole or in part of the debt to a third person commitment. In accordance with the commitment of the original debtor Free responsible for the standard, can be divided into a defense debt obligations (also known as the transfer of debt) and the coexistence of debt obligations (also known as debt join), both on the intention of the parties is different from the content analysis, The. Disclaimer of debt obligations in addition to a third party willing to assume the debt of the debtor meaning, the need to have creditors waive original debtor debts mean; coexistence of debt obligations, is only the third person willing to take on debt, without the presence of creditors waive original obligor debt means. Edit this paragraph debt transfer debt transfer note is that the debtor will assume the debt to a third person. Transfer of debt is directly related to the interests of three parties, so be sure to pay attention to related matters. A debt transferability of the debt transferred between the parties must have transferability, otherwise the agreement will be invalid. According to the law, or by the nature of the debt agreement of the parties shall not be transferable debt may not be transferred. Second, the debt transfer the contents of the debt transfer includes two cases, one debtor's entire debt will be transferred to a third party, the third party will replace the debtor, the debt borne entirely by a third person; Second, the debtor will be transferred to the third part of the debt who is the debtor and the third person jointly liable. Therefore, all of the debt transfer and partial transfer of the debt arising from different legal consequences, in order to avoid controversy, the debt transfer agreement must be clearly agreed transfer all or part of the debt is transferred. Third, the transfer of debt subject to the creditor agrees to the transfer of the debt may harm the interests of creditors, the debt must be approved by the creditors agree to the transfer. Without the consent of the creditors, the debt transfer is invalid. Creditors may refuse to fulfill the third person's debt, but it is not to perform or delay in performance, the creditor can be held responsible debtor. As a creditor, in order to prevent fraud, protect their interests, you should understand the basic situation of a third party, such as social reputation, financial situation, etc. to determine the ability of third parties to fulfill obligations. Fourth, the debt transfer method debt transfer, must be made by the parties reach an agreement, according to their way of entering into the following ways: the debtor and the third person to reach debt transfer agreement, the creditor's consent; creditor with a third person to reach debt transfer agreement , consent of the debtor; debtors, creditors and third party debt assignment agreement jointly reached. V. Other matters therefore, enter into the transfer agreement, it is recommended according to the actual situation on the protocol agreement clearly related matters, as far as possible protect the legitimate and reasonable interests. [1] Edit this paragraph debt transfer system defects and improve the "Contract Law" Article 84 provides that: the debtor's obligation to the contract in whole or in part to a third party, it shall consent of the creditor. The terms of the implementation of the "Civil Law" Article 91 on the rights and obligations of transfer provisions, and Article 85, Article 86, has established a relatively complete debt transfer system, improve the system of transfer of property. In judicial practice, the situation is more common debt transfer, the use of the "Contract Law" Article 84 dispute resolution frequency is relatively high. However, due to the actual situation of social life changing, and the provisions are too principled, combined with knowledge of judges across the country are not consistent, so in dealing with the debt transfer case, often there will be applicable to the case law is not uniform. To avoid this situation, we must fully understand the existing debt transfer system defects and improve the debt realistically transfer system. Edit this paragraph debt, debt transfers, also known as a comprehensive summary transfer, that person's debt, debt fully transferred to another person or persons. This happens only citizens and legal persons inheriting the merger or demerger occurs. Citizens inheritance, the decedent's creditors, the debt will be fully exposed by the heir (only in the gross estate exceeds the value of the debt when the debt is possible eradication); if two or more heirs, they by the agreements they share . Corporate merger or division, he was the original corporate merger or division of debt, debt from the merger or division will post new corporation fully exposed.