| Financial non-performing creditor’s rights is a special policy-based creditor’s right transfer behavior formed in order to solve a series of historical problems in my country’s financial management activities in the past.Due to various factors such as the protection of state-owned assets,the protection of employees’ interests,and social stability,non-performing financial claims have always been a hot issue in the theoretical and practical circles,and because of the complex causes of this type of case and the strong policy nature In addition,the relevant laws and regulations are numerous and incomplete.Therefore,the transfer of non-performing financial claims is a difficult issue in the field of civil and commercial trials in China.Although the state has issued a series of laws and regulations to strictly regulate the transfer of non-performing financial credits,the relevant administrative regulations only provide principles for the transfer of financial non-performing credits,and the applicability is not strong.In practice,financial asset management companies transfer financial non-performing externally.Most of the creditor’s rights are based on departmental regulations with lower levels of effectiveness.Therefore,the trial practice has caused many difficulties in determining the effectiveness of the transfer contract of financial non-performing creditor’s rights,and the phenomenon of different judgments in the same case often occurs.This article starts from the issue of determining the validity of the financial non-performing debt transfer contract that often appears in trial practice,and combining with the current "Civil Code",it mainly analyzes the issue of the validity of the contract in the second transfer of financial non-performing claims,and improves the financial non-performing claims.The transfer contract effectiveness system puts forward feasible suggestions and countermeasures,aiming to provide clear legal guidance for the determination of the effectiveness of the financial non-performing creditor’s rights transfer contract and to regulate the transfer of financial non-performing creditor’s rights,so as to avoid the loss of state-owned assets and balance and protect the interests of all parties.The full text is divided into three parts: introduction,text and conclusion.The first chapter of the main text of the non-performing financial transfer of the relevant theories and the current legal provisions are expounded.The second part combines the"Civil Code"and relevant laws,regulations,and policy documents in the field of financial non-performing debts to analyze the effectiveness of financial non-performing debt transfer contracts and the legal consequences of different forms of effectiveness,so as to benefit the trial practice.The third part mainly discusses the insufficiency of the validity provisions of the financial non-performing creditor’s rights transfer contract,mainly including the lack of specific provisions on the right of pre-emption,the unclear requirements for legal procedures,and the unclear whether the transfer through agreement is unclear.On this basis,the fourth part proposes countermeasures such as clarifying the preemption rights of specific subjects,improving the transfer procedures,prohibiting the free agreement transfer of bad claims,and establishing a review system for transfer agreements. |
