Legal provisions on the transfer of creditor's rights and debts

Legal analysis: once the creditor and the assignee reach an agreement, the transfer of creditor's rights is effectively established and the creditor's rights are transferred to the assignee. The debtor is not a party to the contract of assignment of creditor's rights. Whether the debtor agrees to the assignment of contractual creditor's rights does not affect the establishment and effectiveness of the contract for assignment of creditor's rights. Whether to notify the debtor only determines whether the assignment of creditor's rights is legally binding on the debtor, not whether it will take effect. Therefore, even if there is no notice, after the assignment of creditor's rights is agreed, the assignee will take the place of the original creditor and become a creditor. The assignee is qualified as a plaintiff because of the assignment of creditor's rights.

Legal basis: Article 545th of the Civil Code of People's Republic of China (PRC). A creditor may assign all or part of its creditor's rights to a third party, except in any of the following circumstances:

(a) according to the nature of the creditor's rights 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.

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The above answer is only for the current information combined with my understanding of the law, please refer carefully!

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