? The creditor's rights liability that be good law sets falls in the circumstance of contented condition, can make over to the 3rd person. When making over creditor's rights, what obligation should creditor fulfil? Carry the case below, we can learn together.
On January 22, 2009, on December 21, liu Mou mixes 20000 yuan 50000 yuan to Zhang Mou loan respectively, add up to 70000 yuan, issue receipt for a loan to Zhang Mou, carry bright: Owe today Zhang Mou and 10 thousand five (the name that fasten a person) eight is rectified 10 thousand yuan, include the Wu Moyuan receipt for a loan that makes before among them, there is 10 thousand inside five (the name that fasten a person) one 10 thousand yuan, the reimbursement before December 30.
Deadline at the expiration of one's term of office, liu Mou did not press an agreement to Zhang Mou refund. On June 29, 2010, zhang Mou and Qiu Mou signed a creditor's rights to make over an agreement one, 70000 yuan of creditor's rights that agree Zhang Mou owes Liu Mou make over Qiu Mou with 40000 yuan price. On July 6, 2010, qiu Mou paid 40000 yuan to transfer cost according to it.
On January 14, 2011, zhang Mou informs Liu Mou with the form of express delivery, this creditor's rights has made over Qiu Mou.
Beg to Liu Mou because of Qiu Mou after not if really, for this Qiu Mou entrusts Guangdong Guo Hui (Beijing) Li Zhen's lawyer appeals to attorney office to ask to the court Liu Mou remands principal of Qiu Mou loan 70000 yuan of RMBs and accrual 3780 yuan (by the corresponding period of Chinese people bank loan interest is calculated, come to stopped on January 26, 2011 from January 1, 2010) ; Liu Mou bears this case lawsuit cost.
The money that Liu some argue weighs to its owe Zhang Mou had been returned, return money from time to tome witness 10 thousand five (the name that fasten a person) attendant, its are being issued the bill signed in acknowledgement of debt to write by threatening circumstance, because this matter goes,live police station and gumshoe group at that time.
The controversy focus of this case is: Does the creditor's rights of Zhang Mou and Qiu Mou make over behavior effective to Liu Mou?
Argue of Li Zhen's lawyer says: Creditor Zhang Mou makes over its creditor's rights accuser Qiu Mou, already informed the accused of Liu Mou, should make over answer Li Mou effective. This academy thinks, creditor is OK perhaps transfer the right of the contract the 3rd person partly entirely, creditor transfers the right, ought to inform debtor. Without the announcement, should make over pair of debtor not to produce effectiveness. In this case, accuser Qiu Mou asks 70000 yuan lawsuit requests refund of the accused Liu Mou, have legally according to, this academy gives support.
? About the interest that accuser Qiu Mou holds, before be being made over because of creditor's rights, debtor of former creditor's rights did not agree accrual, this lawsuit requests reason to be not had at the law according to, this academy does not grant to support. The behavior that about the accused Liu Mou puts forward his to issue a bill signed in acknowledgement of debt to Zhang Mou is fastened by the contradictory reason of threatening be caused by, because did not submit evidence, reason cannot hold water, this academy does not grant to collect a letter.
Forensic basis " code of civil law " the 64th mix the first times " contract law " the 79th, the 80th regulation, the court decision is as follows: The accused Liu Mou removes the 10 countervail inside day to return borrow or lend money of accuser Qiu Mou at adjudicating the day of become effective originally 70000 yuan; Reject the other suit of accuser Qiu Mou to request.
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[lawyer argument]
Li Zhen's lawyer: Zhang Mou of the creditor in this case makes over its creditor's rights accuser Qiu Mou, already informed the accused of Liu Mou, should make over behavior to be opposite Liu Mou lawfully effective. Liu Mou advocates the IOU is to suffer threatening when issue, because fail to offer evidence to try to prove, was not collected to believe by the court. If think really oneself legitimate rights and interests by enroach on, the proposal entrusts a lawyer in time to undertake handling.
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