Research On The Legal Problem Of The Assignment Of Credit

Along with the economical development, the creditor's right in the modern times gradually obtains the status which surpassed the real right, thus, it becomes the core of the civil law life. It is urgent needs of the economical reality to conduct the basic research into the creditor's right itself. The creditor's right is essentially the right of claim, but its right content enables it to have the property attribute, which may circulate freely. The securitiescized the creditor's right has effectively promoted the circulation of the creditor's right through the organic synthesis of the creditor's right and securities. The circulation regulations of creditor's right of the securities has already been consummate. Although the transfer of the registered bond has a very long history, but its relative system and regulations have not been actually developed to the satisfying degree. We may discover from the historical reformation of the transferring system of the creditor's right, to the traditional civil law which ensures no damage or harm to the debtor's benefit, That all reflects its value orientation which focus on the static security and the protection of the debtor's benefit, however, In the modern society where the market economy develops quickly. The civil law should attach more importance to the protection of the benefit of the transferee of the creditor's right, and the maintainment of the moving trade security, improve the circulation function of the creditor's right. Thus, fully exert its financial function.In view of this, this article takes promoting the creditor's right financing as the starting point and the home to return to, makes research and analysis into the assignment of credit, and puts forward some improving suggestion to the defect of present system.. This article can be mainly divided into three parts. The first part makes general statement of the basical issues of the assignment of credit, such as the conception, the characteristic, civil theoretical basis, entry-into-force essentials and its developing experience etc. It says that the assignment of credit is the act that the creditor transfers his right to the third party through contract and which takes legal effect of the mobiles of the ownership of the creditor's right while never alter the content of the obligation. The formation of the system of assignment of credit has experienced a long process in history. And its final confirmation takes advantage of the needs of the trade development and itself has the vital economical significance. Also, the property characteristic and the improving status of the creditor's right provides the theoretical premise and realistic soil for the assignment of credit.