Creditor Protection In The Interests Of The Debtor

Assignment of creditor's rights is one of the most representative forms of the transfer system as well as an important, basic civil legal system. There are very complex interest relations among the assignor, the assignee and the debtor in this legal relationship. To balance the interest among them and make a reasonable choice has been the theme of transfer contract system, which makes a growing variety of transfer contract system. In particular, the conclusion of a transfer contract does not require the participation and consent of the debtor, so the debtor is in a weak position of passive acceptance, but when the contract is performed,the debtor actually has to bear some extra burdens, therefore, strengthening the protection on debtor's benefit,and giving this party a consistent legal status, to make sure that its benefit will materially not worsen because of the creditor's rights transfer, are sure to draw the attention of legal research.The law of contract in our country has set certain rights to the debtor in the transfer of debt and identified a number of systems and rules, but the provisions are just principle rather than specific. For the reason that the content it covers is limited, the protection on debtor's interest is far from necessary in practice. Therefore, to improve the protection of debtor's interests in the transfer of debt is an important aspect in this field and is of great value both in theory and practice.In view of neglects on debtor's protection, this article takes our country's legislation and the judicial practice as a foundation, and deliberates other national and the local vertical legal regulations and theories, through the study on the necessity and general principles of protecting debtor's interest, as well as how to improve the principles in relating field, making effective communication between theory and legislation and judicial practice. Finally the author tries to make an effort on setting up specific and sound rules of credit associated with operability, such as the notification system, defense rights, rights of off-set and so on, enriching and perfecting the system of credit step by step.