Research On The Publication System Of Assignment Of Creditor's Right

The deepening capitalization of the assignment of creditor's rights calls for publication and reflection in consideration of the safety. Whether notification which is of great importance to the realization of the assignment of creditor's rights can be put in charge of this task and how to establish the publication system are worth researching. This thesis consists of four parts except the foreword and epilogue.The foreword mainly puts forward the question whether notice to obligor in the designated assignment of creditor's right possesses of the effectiveness to the third party and which legal mode the Contract Law of China should follow. This part also tells the research methods and the focus of the study which is the priority doctrine of multi-assignment.The first and second parts elaborate different legal modes of assignment of creditor's right in some representative countries of different legal systems such as France, Germany, Japan, England and America.The first part focuses on the continental law system and compares two legislation modes which represented by France, Japan, Germany and Taiwan District. It is concluded by comparison that the former mode of France and Japan admits that the notice to the obligor can act against the third party while the latter one of Germany and Taiwan District holds that the notice to the obligor only can protect the obligor. Therefore, the former mode deems that the notice possesses of public effect whereas the latter one does not think so.The second part is about the Anglo-American law system. It mainly concentrates on the legislation of British and the USA. In British, notice makes the statutory assignment of creditor's right effective while it only protects the obligor in the law of equity. When it comes to the multi-assignment, notice can act against the third party and possess of the public effect. The registration adopted by the USA, however, holds that notice can only act against the obligor and it does not possess of public effect. Therefore, registration is undertaken to act against the third party and protect the trading safety.The third part introduces the legislation of our country and debates of notice's effectiveness and principal part in the judicatory practice and the academia.The fourth section concludes that the Germany legal mode should be adopted to explain the notice's effectiveness. At the same time, based on the analysis of the necessity of publication of assignment of creditor's right, the American legal mode of registration should be learned from in the future legislation in China.