Research On Debtor's Counterarqument Right In Assignment Of The Creditor's Right And Review The Civil Verdict, 221th

The creditor ,the assignee and the debtor in between transferor interest relationship is very complicated. Because without consent of the creditor's rights transfer debtor's participation and agree that the debtor often passive accept status, but in to fulfill debt but often and increase the burden of the debtor. So, to protect the interests of the creditor debtor should be an important part of the transfer system. Our country "contract law concerning the protection of the interests of the debtor legislative defects of defense regulations exist, content and vagueness in judicial practice often appear to protect the shortage of debtor interests. Perfecting the creditor conveyance system is to perfect the debtor's right of defense claims the important content of baton system. Look from legislation, the assignee creditor when the transfer of defense even if they don't know the existence of a debtor and will not affect the assignee, the transferee shall exercise this right by the transferor loss should therefore negotiation. In debt in the scope of baton debtor defense should include: the elimination of creditor generated by defense (debt repayment for all, because the original contract relationship was revoked, etc), the creditor's rights of baton limitation of action arising from the defense has been completed, because refused to enter and produce right of plea against the advance performance, right of plea against the advance performance and unassured pleadings), produced by the original creditor breach defences, due to the force majeure occurs and produce's right of defense, because the original contract not effective defences, produced by the cost and increase the debtor perform the baton of defense, banned produced the validity of claims of engage defenses, etc.The paper by real cases in our country claims reveal baton debtor Counterargument right existing problems. From the start of the debtor Counterargument right claims baton in research of creditor's right transfer of debtor countries, the scope of existing in the defense theory claims baton debtor is analyzed. Referrring foreign advanced theory basis, perfect our country's claims to the assignee of the debtor baton for defense theory, due to increase the debtor performance fees, ban conceded the validity of the contract provision and ostensible legis validity, the assignee defense against the debtor claim more obscure and notification time limits in the form of double conceded as the debtor in defense studies exercise effective evidence. Show their ideas and also puts forward corresponding some legislative Suggestions.