The Legal Mode Of Creditor's Right Assignment Research

The remarkable position of creditor's right in the legal rights system of modern market-oriented economy has decided that the theoretical research on institutions about assignment of creditor's right is of great importance. The most essential problem to these institutions is how to choose legal mode of creditor's right assignment, which is the footstone of these systems, and it is important as the mode of the real rights' transfer in real rights law. This thesis has compared some typical modes in representative countries through the structure of creditor's right assignment and discussed the mode in our legale system.This thesis contains four chapters. The first part not only summarizes the history but defines the concept of the creditor's right assignment as well. Furthermore , it exempts the assignment of negotiable securities creditor's right from the assignment of common creditor's right which is the discussed object in this article. The second part studies the structure of creditor's right assignment and different legislative modes with the notions, punishment behavior and burden behavior. In this part, the text accounts for the structure of creditor's right assignment and comments on the different modes. The content of the third part is about the effectiveness of creditor's right assignment. As to the effectiveness to obligor, there aren't great differences among legal system of Germany , France and Japan. The main differences lie in the effectiveness to the other parties except obligor.The last part discusses the creditor's right assignment in our legale system. It analyses the correlative regulations in contract law and the draft of civil law,and reviews the standpoints of different scholars.The author's view is that the creditor's right assignment should apply the partitioning principle to keep harmonious with the mode of the real rights' transfer in real rights law.