试题与答案

《中华人民共和国合同法》第84条规定:“债务人将合同的义务全部或者部分转移给第三人的

题型:问答题

题目:

《中华人民共和国合同法》第84条规定:“债务人将合同的义务全部或者部分转移给第三人的,应当经债权人同意。”
请根据民法原理分析:

债务移转的概念和构成要件。

答案:

参考答案:债务移转是指在不改变债的内容的前提下而发生的债务人的变更。债务移转具有如下特征:1)须存在有效的债务。2)须有以债务移转为内容的协议。3)须债务具有可移转性。4)须经债权人同意。此外,法律、行政法规规定债务移转应当办理批准、登记等手续的,依照其规定。

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