Is there any money to transfer the company's creditor's rights to individuals?

The transfer of creditor's rights means that the creditor transfers the property belonging to his own name to a third party, and the debtor pays off the debt to the third party transferred by the creditor. However, the creditor needs to inform the debtor when transferring the creditor's rights to a third party, and some people may doubt whether the creditor's rights can be transferred. So can the creditor's rights transfer get the transferred money? Let's introduce you to the relevant contents about the transfer of creditor's rights. First, can the creditor's rights transfer get the transferred money?

The transfer of creditor's rights is to transfer the creditor's rights originally belonging to one's own name to others. After the transfer, the creditor's rights will belong to another person. For example, if you hold 300,000 creditor's rights of a company, after the transfer, there will be no such 300,000 creditor's rights in your name. You can't get the money when the debt is due. When you transfer the creditor's rights, the person who accepts the creditor's rights will give you money, which is equivalent to another person buying the creditor's rights in your hand.

Second, the notice of the transfer of creditor's rights and the limitation of action

Whether the limitation of action is interrupted after the transfer of creditor's rights is controversial in academic circles and judicial practice. Some people think that after the creditor's rights are transferred to the assignee, the original limitation of action is interrupted and the limitation of action starts to be calculated again. Some people think that the transfer of creditor's rights will not lead to the interruption of the limitation of action, and the original limitation of action should continue to be counted. The above judicial interpretation basically adopted the first view. Article 10 of the judicial interpretation stipulates that if the debtor signs a creditor's rights transfer agreement or a creditor's rights transfer notice or a collection notice, the limitation of action will be interrupted. If the announcement or notice of creditor's rights transfer issued by the original creditor's bank in influential newspapers at the national or provincial level contains the content of debt collection, the announcement or notice can be used as evidence of the interruption of the limitation of action. The author thinks that the limitation of action cannot be interrupted when the debtor is not informed of the assignment of creditor's rights between the creditor and the assignee, and it is only after the debtor is informed of the fact of the assignment of creditor's rights that it is possible to interrupt the limitation of action. The notice of assignment of creditor's rights aims to instruct the debtor to perform the debt to the assignee, and has the effect of assignment of creditor's rights to the debtor, but it does not have the significance of claiming creditor's rights from the debtor. Therefore, the notice of assignment of creditor's rights does not naturally lead to the interruption of the limitation of action. However, if the notice of assignment of creditor's rights also contains the content of debt collection, or the debtor agrees to perform his obligations after receiving the notice of assignment, the notice of assignment of creditor's rights has the effect of interrupting the limitation of action.

Third, the provisions of the Civil Code on the transfer of creditor's rights.

1. The creditor may assign all or part of its rights under this contract to a third party, except for the following circumstances:

(a) according to the nature of the contract 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.

2. If the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor.

3. The notice of the creditor's assignment of rights shall not be revoked, except with the consent of the transferee.

4. Where the creditor transfers its rights, the assignee obtains the subordinate rights related to the creditor's rights, except that the subordinate rights belong exclusively to the creditor.

5. After receiving the notice of assignment of creditor's rights, the debtor may claim the assignor's defense against the assignee.

6. When the debtor receives the notice of assignment of creditor's rights, the debtor enjoys the creditor's rights against the assignor. If the debtor's creditor's rights expire before or at the same time as the assigned creditor's rights, the debtor may claim offset from the assignee.

About the transfer of creditor's rights, that's what I introduced to you. It can be seen that the creditor can't get the money of the creditor's right after the transfer of the creditor's right, because after the transfer of the creditor's right, the creditor's right is enjoyed by another person, and the debtor assumes the debt to another person. If you have any other questions, please consult a lawyer.