A Study On The Effect Of Assignment Of Creditors' Rights

Assignment of creditors' rights means that a creditor transfers his rights to a third party without changing the contents of the debt. The system of assignment of creditors' rights has a long history which can trace back the ancient Roman law. The development of this system attributes to the flourish of the commodity economy.In order to speed the transfer of creditors' rights and protect all the parties concerned simultaneously, almost all countries' legislators and legists try their best to found a perfect legal model to balance all parties' rights and interests. Yet, there are still many arguments on some questions such as whether an assignment contract is valid when the assignor transfer an invalid creditors' rights to the assignee; whether the proviso set by the debtor and the debtee can affect the validity of the assignment; which assignee is the true person who can accept the debtor's performance legally when the assignor concludes two assignment contracts respectively with different assignees. The corn content of the system of Rules for assignment of creditors' rights is the effectiveness of assignment of creditors' rights. Almost all these questions are concerned close with this problem, and therefore it's necessary to research on this problem.There are five parts in this paper. The first chapter, after the introduction of the definition of assignment of creditors' rights , the writer introduced the assignment of creditors' rights'history and theoretical constitution. Chapterâ…¡explicates the formal conditions of the assignment from the legal angle, and makes an deep analysis on the sorts of the debt and the notice of the assignment. Chapterâ…¢makes a study on the interior legal validity of the assignment contract, also it makes a research in a full scale on the legal relations between the assignor and the assignee. Chapterâ…£makes a study on the external legal validity of the assignment contract, also it makes a research in a full scale on the legal validity of the assignment contract to the debtor and other third party. Furthermore, Chapterâ…¤, based on the present domestic legislation related with the assignment of credit, writer offered some suggestions for the future legislation in this aspect. The writer hopes that the discussion, the conclusions and also the suggestions will be helpful to the practice and our state's legislation on debt assignment.