The assignment of creditor's rights in the construction contract is legal and valid
If the parties to a construction contract have not agreed that the claims under the contract shall not be transferred, and the creditor assigns the claims to a third party and notifies the debtor, the transfer of the claims is lawful and valid
——Shaanxi Xiyue Mountain Villa Co., Ltd. and China Construction Third Bureau Jianfa Engineering Co., Ltd. and China Construction Third Bureau Third Construction Engineering Co., Ltd. construction project construction contract dispute appeal case
【Case Essentials】
According to Article 79 of the Contract Law of the People's Republic of China, a creditor may transfer all or part of the rights under a contract to a third party, except where it is not transferable according to the nature of the contract, where it cannot be transferred according to the agreement of the parties, and where it cannot be transferred in accordance with the provisions of law. Laws and regulations do not prohibit the transfer of creditor's rights under the construction project construction contract, as long as the parties to the construction project construction contract have not agreed that the creditor's rights under the contract shall not be transferred, and the creditor transfers the creditor's rights to a third party and notifies the debtor, the transfer of the creditor's rights is legal and valid, and the creditor does not need to obtain the consent of the debtor on the matter of the transfer of the creditor's rights. 【Trial Court】Supreme People's Court
【Source】Bulletin of the Supreme People's Court, No. 12, 2007 (No. 134 in total)
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【Risk Lawyer】Mr. Xu Haifeng, who has been engaged in legal research and legal practice for more than 20 years, has published more than 20 legal works and represented many major difficult and complicated cases, especially civil and commercial cases of the Supreme People's Court and the Provincial High Court, which has aroused many social repercussions.
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