1st, main creditor's rights. is both sides which refers to works out the contract according to the contract agreement, hands over the supplier after having paid conforms to the contract agreement quantity and the quality specification cargo, to collects the supplier position payment is the reclamation account receivable right. In the actual contract fulfillment, generally speaking, account receivable's main creditor's rights are quite clear. But also existence indefinite situation, like, because works out time the contract to the cargo quality specification, the approval way's agreement is not clear about or in understanding aspect and so on difference reasons, will hand over the supplier with to receive the supplier in light of this to have the dispute, thus initiation payment dispute. This request position payment junction supplier legally correct position creditor's rights capital and interest. In addition, to the main debtor advocated that the creditor's rights must pay attention in legal rule limitation of action period advocate the right, otherwise, will lose legal the protection.
2, from creditor's rights. it mainly includes the guarantee creditor's rights, the mortgage creditor's rights, to pawn the creditor's rights three kinds specifically, mortgages the creditor's rights and pawns the creditor's rights, in the debt presses for payment the legal nature to be close.
The so-called guarantee creditor's rights, was refers to establishes the guarantee guarantee, the creditor has been possible to advocate the right legally to the guarantor one kind of creditor's rights. According to the country legal rule, the guarantor must undertake the guarantee responsibility as agreed in the contract agreement guarantee deadline. Otherwise, the constitution violation, needs to undertake the corresponding violation responsibility. According to the above: (1) we must advocate the right promptly in the contract agreement guarantee deadline to the guarantor, otherwise, will lose the guarantee contract potency, cannot investigate guarantor's guarantee responsibility legally. (2) the creditor must advocate the right promptly in the legal rule limitation of action deadline to the guarantor, otherwise, will lose the limitation of action, will not be able to obtain the legal protection. (3) to guarantees the contract invalid guarantor, may also press for payment its corresponding liability of compensation legally. In addition, in presses for payment in the process to guarantor's debt, must pay attention to the creditor's rights main body and the creditor's rights amount definite question.
The so-called mortgage (pawned) the creditor's rights, is refers to the creditor's rights has set up the mortgage or pawns the guarantee the creditor's rights. Generally speaking, the one who provides the creditor's rights mortgage or pawns is debtor, sometimes also has the third person to provide the collateral or the nature security situation. In the debtor provides the collateral or in the nature security situation, although the debtor himself had already undertaken the repayment of debt duty, but because the creditor (mortgagee either nature mortgage person) to mortgages the property or pawns the property to have legally the disposition right and first to receive recompenses the power, thus mortgage or nature mortgage effective or not, to the maintenance creditor's legitimate rights and interests maximum limit, reduces the state-owned bad assets to lose as far as possible, enhances the bad assets the handling reclamation rate and so on to have the very vital significance.
1, lord legal right.
BE make contract of both parties according to the contract engagement, deliver goods square at consign match contract engagement of the goods of amount and quality standard after, to accept goods square lay claim to payment namely take back the right of accounts receivable.In the actual contract implement, generally speaking, the lord legal right of accounts receivable be clearer.But also existence indetermination of circumstance, such as in order to making contract to the quality of the goods standard, acceptance way of engagement not explicit or comprehension up of rift etc. of reason, deliver goods square with accept goods square meeting now occurrence controversy, cause payment dispute thus.This will beg to lay claim to payment of deliver goods square by law exactitude lay claim to legal right principal and interest.In addition laying claim to legal right toward the lord debtor should attention in the law the provision of the litigation time limited efficacy period lay claim to right, otherwise, will lose law of protection.
2, from the legal right.
It is concrete and then main to include assurance legal right, mortgage legal right, pawn legal right 3 kind, among them mortgage legal right and pawn the legal right is in the obligation trace of the law property be close by.
So-called assurance legal right,
BE enactment assurance guarantee, creditor can by law to guarantor lay claim to a kind of legal right of right.According to nation law provision, guarantor should in the contract the engagement of assurance the term depend on undertake assurance responsibility around.Otherwise, constitute to break contract, will undertake correspond of break contract responsibility.On these grounds:(1)We should in the contract engagement of assurance term introverted guarantor in time lay claim to right, otherwise, will lose assurance contract effect, can't pursue a guarantor by law of assurance responsibility.(2)Creditor should at law provision of litigation time limited efficacy term the introverted guarantor lay claim to right in time, otherwise lose litigation time limited efficacy for the meeting, will can not get law of protection.(3)To assurance contract invalid guarantor, can also trace it to correspond by law of indemnification responsibility.In addition, in the process of tracing to the guarantor's obligation in, also want corpus and legal right amount of money of the attention legal right to really settle a problem.
So-called mortgage(pawn) legal right,
BE established mortgage on the legal right or pawn guarantee of legal right.Generally speaking provide legal right to mortgage or pawn of is a debtor oneself, sometimes also have three people to provide the circumstance of collateral for loan or collateral for mortgage.Under the sistuation that the debtor provide collateral for loan or collateral for mortgage, although the debtor have already undertaken to compensate the obligation of obligation, because of creditor(mortgage power a person or pawn power person) to mortgage property or pawn the property have by law punishment power with have the initiative to be subjected to Chang power, as a result mortgage power or pawn power of valid or not, rightness utmost maintenance creditor of legal rights, as far as possible decrease stateowned bad property loss, exaltation bad property of handle take back a rate etc. to have very importance of meaning.
1.Main creditor
2.From creditors
3.Guarantee claims(保证债权)
4.Mortgage (pledge) claims(抵押(质押)债权)