Research On Alienation Of Credit

With the development of commercial economy, the credit as intangible property is much economical valuable, becoming more and more important in the property civil law. Legislation to encourage the alienation of credit is the common features of the most countries'civil legislation. There are still a lot of places that should be further improved in ordinary credit transfer system. In our country's legislation in practice, the regulation of system of contract law about credit alienation appears very simple. Many important systems are still paid for claims, and the theory about credit alienation is quite different from German and Taiwan. In order to promote the alienation of credit and full exert the function of alienation of credit, this paper compared the legislations and theories over the world with our countries', proposing some suggestion for the improvement of the system of alienation of credit.This paper is divided into four parts:Chapterâ… is about general introduction. This paper discussed the alienation of credit in narrow aspect, when the relationship of the creditor and the relative person is not breaking , the credit will transfer to the relative person by the agreement between the creditor and the relative person, and the owner of right direct can be changed .so it should be belongs to disposal actions. The alienation of credit originated from Roman law, experienced the lock period when the alienation of credit is absolutely prohibited, acting as agent AD of litigation, litigation announcement. The freely alienation of credit is universally accepted in most countries'civil legislation and finally established in civil law system.Chapterâ…¡is mainly talking about the constitute elements of the alienation of Credit. The alienation of credit has four constitute elements: (1) the subject elements; (2) Object elements; (3) agreement element; (4) the formal requirements element. The subject element includes two aspects: civil action competence and the creditor has right to dispose the credit; the object elements also includes two aspects: the credit is certainly existing and the creditor has right to transfer the credit; the agreement element includes that the agreement should be made freely and really.In chapterâ…¢the author discussed the notification. Notice of alienation is not the constitute element of alienation of credit, but the notice is the effective elements to the debtor. The effect of notice can be divided into common effect and special effects. The special effect is the ostensible alienation.In chapterâ…£the author discusses the effect of alienation of credit. In this chapter, it answered the following questions: (1) the effect of alienation of credit; (2) how to protect the debtor's profit; (3) the adscription of the credit when the credit is assigned by the same person for more than one time; (4) how to recover the profit when the credit doesn't exist or the alienation of credit is invalid.