The assignor is the party who transfers the creditor's rights, generally the original creditor who transfers the creditor's rights, is called the assignor; his counterpart is called the assignee. In a mortgage note, the grantor is also known as the mortgagor and the borrower. Transferee, a legal term, relative to the transferor. means the recipient of the right. The transferor transfers all or part of its rights to the transferee through a contract, agreement, or donation. The right cannot be a personal right.
The transferor transfers all or part of its rights to the transferee through a contract, agreement, or donation. The right cannot be a personal right. Transfer of creditor's rights Transfer of creditor's rights, also known as "assignment of creditor's rights", refers to a contract transfer that does not change the content of the contract. The creditor transfers all or part of the creditor's rights to a third party through a third party signing a contract to transfer the creditor's rights.
The creditor's rights are all transferred to a third party, and the third party replaces the original creditor and becomes a new creditor in the original contract relationship. The original contract creditor loses its rights as a contract creditor due to the contract transfer, and the creditor's rights are partially transferred to the third party. The third party becomes a contract creditor and joins the original contract relationship and becomes a new creditor. The creditor's rights relationship in the contract changes from one person to multiple persons or from several persons to multiple persons. The new creditor who joins the contract shares the creditor's rights with the original creditor and enjoys joint creditor's rights.
Extended information:
Article 80, paragraph 1, of the "Contract Law of the People's Republic of China" stipulates that "if the creditor transfers its rights, it shall notify the debtor. Without notification , the transfer has no effect on the debtor", it should be understood that when the notice of transfer of the creditor's rights has not been delivered to the debtor, the debtor's payment to the transferor of the creditor's rights will still have the legal effect of debt settlement, but it will not affect the transferee of the creditor's rights. Debt.
Although the person who notifies the transfer of creditor's rights stipulated in this paragraph should be understood as the transferor of creditor's rights in the literal sense, the transferee of creditor's rights should not be denied on the premise that the authenticity of the transfer of creditor's rights can be confirmed. The person shall have the legal effect of the notification. That is, whether the debtor knows the fact of the transfer of creditor's rights should be the key to determining the legal validity of the notice of transfer of creditor's rights.
Therefore, if the transferee of the creditor's rights directly files a lawsuit in the People's Court and uses the People's Court to serve a complaint to serve the debtor with a notice of transfer of the creditor's rights, the legal effect of the transfer notice can also be produced.
The transferee of the creditor's rights directly files a lawsuit in the People's Court, and serves the notice of the transfer of the creditor's rights to the debtor by means of the People's Court serving a complaint, which can also have the legal effect of notifying the transfer of the creditor's rights.
Case:
The civil judgment on the retrial of the dispute over the credit transfer contract between Ning Tao and Shi Yutian [Dalian Intermediate People’s Court of Liaoning Province (2018) Liao 02 Min Zai No. 211] held that “the The agreement did not mention the transfer of claims, and Shi Yutian denied that the agreement was a fulfillment of notification obligations. According to the provisions of Article 80, Paragraph 1, of the Contract Law of the People's Republic of China:
"If the creditor transfers its rights, it shall notify the debtor. Without notification, the transfer will not be effective for the debtor." This agreement cannot be deemed to have informed the debtor Shi Yutian of the transfer of creditor's rights. However, although the creditor's rights stipulated in this paragraph of law are notified. The person who notifies the transfer is the transferor of the creditor's rights, but if the authenticity of the transfer of the creditor's rights can be confirmed, the legal effect of the notification by the assignee of the creditor's rights should not be denied.
That is, whether the debtor is aware of the creditor's rights should not be denied. The fact of transfer is the key to the legal validity of the notice of transfer of creditor's rights. In this case, the transferee of creditor's rights, the appellant in this case, Ning Tao, directly filed a lawsuit with the People's Court, and used the People's Court to serve a complaint to the debtor, the defendant in this case. The appellant Shi Yutian's notification of the transfer of creditor's rights can also have the legal effect of notifying the transfer of creditor's rights.
Therefore, Ning Tao's obligation to transfer the creditor's rights has been fulfilled when he filed a lawsuit with the People's Court, and the creditor's rights transfer contract has come into effect. , Shi Yutian, as the debtor, should repay the corresponding loan
Baidu Encyclopedia - Transferee
Baidu Encyclopedia - Transfer of Creditor's Rights
Baidu Encyclopedia - People's Republic of China**. *Japanese Contract Law