Creditor is right oneself of all creditor's rights dealing with should be completely own, the cession of creditor's rights is the contract concern that happens between creditor and alienee, debtor is not the party that makes over contract one party, so of debtor agree to did not affect what creditor's rights makes over to hold water. But the cession of creditor's rights involves debtor to fulfill the issue with active debt to who, so, creditor transfers the right, ought to inform debtor, after informing debtor only, this creditor's rights makes over ability to produce legal effectiveness to debtor.
Law is made over to creditor's rights have what regulation
" civil code general rule " in transfer a regulation about creditor's rights at the 91st: "Contract one party will be the right of the contract, compulsory all or the part transfers the 3rd person, ought to obtain contract other one party agree, must not seek profit. According to law sets the contract that ought to ratify by the country, need to be approved via approving mechanism formerly. But, law has the exception that stipulates original perhaps contract has an agreement additionally additionally. Law has the exception that stipulates original perhaps contract has an agreement additionally additionally..
" contract law " also have sign of very few number only to this. The 79th reachs the 83rd, the 87th a few main problems in be being made over to creditor's rights, if cannot be made over case, make over the right to inform compulsory, as a matter of expediency benefit should be made over along with all the others, debtor enjoys contradictory authority, countervail authority to waited for content to make rough provision.
Among them creditor's rights makes over an announcement obligation and " civil code general rule " the beard of the 91st regulation agrees via debtor afoul. Limit a condition about what creditor's rights makes over, " civil code general rule " the regulation is too strict, go against goods economy progress, and " contract law " set too wide flood, go against protective debtor and other interest.
The announcement produces effectiveness to debtor already, different idea does not affect the effectiveness that creditor's rights makes over.
Basis " contract law " regulation, outside the case that dig up the roots seizes contract property or legal provision must be not made over or party agreement must not make over, creditor can transfer creditor's rights another person, and beardless classics debtor agrees. But creditor's rights is made over must want to inform debtor. Without the announcement, do not produce effectiveness to debtor.
