What Are Creditor's Rights?

Claims, "debt" symmetry. It refers to the right that the subject of rights in the debt relationship can require the subject of obligations to perform certain actions or not. Creditor's rights and debt together constitute the content of debt. Creditor's rights correspond to real rights and become an important part of property rights. Compared with the real right, the creditor's right has the following characteristics: (1) the object of the creditor's right can be a thing or a certain act of performing an obligation; and the object of the real right is only a thing. (2) Both the right subject and the obligation subject of a creditor's right can only be a specific person; the real right is only that the subject of the right is specific, while the obligation subject is uncertain. (3) Creditor's rights are not traceable, but real rights are traceable. Due to different occurrences, claims can be divided into claims due to contracts, claims due to infringements, claims due to improper gains, and claims due to unmanaged management, etc .; due to the number of creditors, they can be divided into single claims and majority claims ; Because the liability relationship between creditors can be divided into creditor's rights and joint claims; due to the optional performance of debt can be divided into simple claims and selective claims. ^[1]

Claims, "debt" symmetry. It refers to the right that the subject of rights in the debt relationship can require the subject of obligations to perform certain actions or not. Creditor's rights and debt together constitute the content of debt. Creditor's rights correspond to real rights and become an important part of property rights. Compared with the real right, the creditor's right has the following characteristics: (1) the object of the creditor's right can be a thing or a certain act of performing an obligation; and the object of the real right is only a thing. (2) Both the right subject and the obligation subject of a creditor's right can only be a specific person; the real right is only that the subject of the right is specific, while the obligation subject is uncertain. (3) Creditor's rights are not traceable, but real rights are traceable. Due to different occurrences, claims can be divided into claims due to contracts, claims due to infringements, claims due to improper gains, and claims due to unmanaged management, etc .; due to the number of creditors, they can be divided into single claims and majority claims ; Because the liability relationship between creditors can be divided into creditor's rights and joint claims; due to the optional performance of debt can be divided into simple claims and selective claims. ^[1]

Obligation is a specific relationship of rights and obligations that arises between the parties in accordance with the contract or according to the provisions of the law. ^[2]

The reasons for debt occurrence can be divided into contract,

(1) Creditor's rights are claims on property, which cannot be implemented by restricting the debtor's person.

(2) Creditor's rights are relative rights. The parties to the debt can only be specific. Creditors can only claim rights against a specific debtor, not against a third person other than the debtor

Theoretically, since the creditor's right is a type of right in civil law, according to the three elements of the tort of creditor's right, the elements of the tort of creditor's right include damage, causality and fault. The above-mentioned constituent elements of torts should of course also apply to the determination of a third party's infringement of creditor's rights. Only because of the non-publicity brought by the relativity of creditor's rights and the indirect nature of the third party's infringement of creditor's rights, scholars discuss the constituent elements of third party's infringement of creditor's rights with stricter standards than when infringing property rights. This is mainly reflected in the determination of the perpetrator's fault.

According to its form, fault can be divided into intention and fault. But for the infringement of creditor's rights, scholars have different views on whether the fault of the actor includes fault. For example, Japanese scholar Lin Liangping believes that the infringement of creditor's rights and the third party's intention or fault can establish liability for infringement. However, this view is opposed by most scholars, mainly because the creditor's rights do not have social openness. It is sometimes difficult for a third party to know the creditor s rights that exist between the creditor and the debtor. The performance of debt requires it to bear responsibility that should not be assumed at all. In particular, if fault is used as a component of liability for infringement of creditor's rights, any third party's conduct that obstructs the performance of debt may constitute infringement, which will severely limit it. People s freedom of behavior hinders

1. Statutory debt and intended debt . (Depending on the cause of the occurrence and the content of the debt, is determined by the parties' will)

Statutory debts include debts for damages for infringement, debts for improper gains, debts for no reason management, and debts for negligence in contracting; debts intended mainly refer to debts in contracts.

2. Debts of specific objects and types of objects . (Subjects have different attributes)

Third, single debt and majority debt . (Number of parties to the debt subject)

4. Debts and joint debts . (Each party has rights or obligations and mutual relations)

Loan by share: The party to the debt is a majority, and each debtor is only responsible for the debts shared by the debtor, and the rights of creditors request each debtor to pay off all debts.

In joint liability, when joint creditors accept the full performance of any one, or all debts of the joint debtor pay off all the debts, although the original debt is attributable to extinction, the joint creditor or joint debtor will generate new shares debt.

Fifth, simple debt and choice debt . (Selection of the subject matter of the debt)

6. Main debt and subordinate debt . (Relationship between two debts)

The main debt is the basis for the existence of the subordinated debt. The effectiveness of the subordinated debt depends on the effectiveness of the main debt.

7. Debts of property and services . (The debtor's obligation is to provide property or services)

Among the six types of creditor's rights forms of loans, processing funds, rents and deliveries, goods transportation, and technical services, the first three types: loans, processing funds, and rents can be classified as monetary claims because they are all directly in currency For the content; for the latter three, we can call it non-money claims, they do not directly take money as content, but directly manifest as an act, a thing or

The liquidation team shall notify the members of the farmers' professional cooperatives and creditors within ten days from the date of establishment, and shall make an announcement in the newspaper within sixty days. Creditors shall declare their claims to the liquidation group within 30 days from the date of receipt of the notice, and within 45 days from the date of the announcement without notice. If all members and creditors have received the notice within the prescribed period, the liquidation group's announcement obligation is released.

When claiming creditor's rights, the creditor shall explain the relevant matters of the creditor's right and provide proof materials. The liquidation team shall register the creditor's rights.

During the period of declaration of creditor's rights, the liquidation team shall not pay the creditors.

Method of claim declaration

When claiming creditor's rights, the creditor shall state in writing the amount of the creditor's right and whether there is any property guarantee, and provide the following evidence:

(1) Proof of debt. Documents that prove the authenticity and validity of creditor's rights, such as contracts, debits, and court decisions.

(2) Identification certificate. Creditors shall submit legal and valid identity certificates for their own declarations, and proxy filers shall submit their clients' valid identity certificates, powers of attorney and creditor's certificates.

(3) Certificate of guarantee. Where the declared creditor's right is secured by property, evidence to prove the property security shall be submitted.

After the bankruptcy case is accepted, the creditor shall file a new lawsuit in the people's court, which shall be rejected. Its prosecution does not have the effect of claim declaration.

Fourth, overdue declaration and undeclared

Within the time limit for the declaration of creditor's rights as determined by the people's court, if the creditor fails to declare the creditor's right, he may make a supplementary declaration before the final distribution of the bankruptcy property; however, the distribution that has been made before will not be supplemented. The cost of reviewing and confirming the claims for supplementary declaration shall be borne by the supplementary notifier.

Where creditors fail to declare their claims in accordance with the provisions of the Bankruptcy Law, they shall not exercise their rights in accordance with the procedures provided for in the Bankruptcy Law. The consequences are: first, if the debtor is bankrupted and liquidated, unless the debtor has a guarantor or other joint debtor, the undeclared creditor's rights become permanently unenforceable. Second, if the debtor is reorganized, the undeclared creditor's right shall not be exercised during the implementation of the reorganization plan; after the implementation of the reorganization plan, the right may be exercised in accordance with the conditions for the settlement of similar claims under the reorganization plan. Third, if the debtor is reconciled, the undeclared creditor's right shall not be exercised during the execution of the settlement agreement; after the execution of the settlement agreement is completed, the right may be exercised in accordance with the settlement conditions stipulated in the settlement agreement.