Research On The Legal Mode Of Assignment Of Obligatory Rights

The remarkable position of obligatory rights in the legal rights system of modern market-oriented economy has decided that the theoretical research on system of assignment of obligatory rights is of great importance. The essential problem of system for obligatory rights assignment is how to choose legal mode of obligatory rights assignment. The legal mode of obligatory rights assignment this thesis calls can be defined as the theoretical design and regulative mode by which civil laws regulate the phenomenon of assignment of obligatory rights. In essence the choice of legal mode of obligatory rights assignment is to define the characteristics and function of contract and notification of obligatory assignment, and also define the role they play in the activities of obligatory assignment. As the result of long historical changing process of system of assignment of obligatory rights, There have been respectively characteristic legal modes of assignment of obligatory rights in many representative countries. However, it is not feasible of usage that universally makes contract of assignment of obligatory rights be the standard of transference of obligatory rights. This thesis suggests that in the future legislation china should choose the Legal Mode of Notification Formalism in which the notification of assignment of obligatory rights is the standard of transference of assignment of obligatory rights. Under this kind of legal mode, contract of obligatory rights assignment is the contract of obligatory rights between assignor and assignee, and its taking effect doesn't lead to the result of transference of obligatory rights. The obligatory rights shall be transferred upon the notification of assignment coming into effect, and this transference shall also become effective on assignor, assignee and obligator. the subject of notification of assignment of obligatory rights shall be assignor. In double assignment the assignee who is demonstrated in the first arriving notification should be the actual assignee of obligator rights. Regarding the question of successive assignment of obligatory rights, this dissertation combines with other basic principles and systems of civil law and differentiates the three kinds of conditions and then respectively discusses them, finally reaches specific judgment.