Research On Validity Of The Notice Of Assignment Of The Creditor's Rights

The system of the notice of assignment of the creditor's rights has been established in most countries. Validity of the notice of assignment of the creditor's rights is the hard core of the system. Validity of the notice is distinguished as validity to the debtor and validity to the third party. Although the Contract Law has made a breakthrough in this, the stipulation of the right assignment is too general and can not meet the increasing demand for the creditor's right circulation under the commodity economy system. In light of the financing function of right assignment in modern society and its practical operation, this thesis compares legislative modes of other countries about this and explores the construction of the system of the notice and its application in China.The article mainly consists of the preface, the main body and the concluding remarks. The preface makes a general introduction to the significance of the research, the range of study and the method of research. The main body is composed of three chapters.Chapter 1 studies the validity of the notice to the debtor. As to the validity of notice to debtor, there aren't great differences in continental law countries and common law countries, but there are two doctrines, notice and awareness of obligor, on the issue of whether the interests of the knowingly obligor should be protected before notice. After analyzing and comparing the aforesaid different determinations, the chapter points out the doctrine of the notice more reasonable than the doctrine of awareness of obligor. The chapter also discusses the rules on debtor's right to defend and set off, ostensible assignment, revoking the notice.From the perspective of the priority right of the assignee of double assignment, Chapter 2 studies validity of the notice to the third party except obligor, There exists a main difference in the validity of notice to the other parties except obligor, which leads to the doctrines of establishment of contract, notice and registration. The doctrine of establishment of contract holds that the notice which dose not possess of public effect only can protect the obligor. The doctrines can not protect the security of business. The doctrine of establishment of notice deems the notice the means of public. But the notice does not possess of public effect absolutely. The doctrine of establishment of registration registers the assignment of the creditor's rights, which builds the system of public. From the angle of the security of business, the doctrine of establishment of registration is best choice. The chapter draws the following conclusions that China the should-be rules of priority in case of multiple assignment of rights is "first the notice, first the right" at present time. It is necessary that adopting the doctrines of establishment of registration with securitization.Chapter 3 studies the means of the notice, which includes subject, receiver, form and content of the notice.