On The Creditor's Rights System

This paper uses a comparative analysis of historical analysis and interpretation of the law, designed to inform and claims to the effectiveness of the main line, follow the system of thinking, of the following issues: (1) Credit with nature, and claims to the legal structure, with no claims to because of the issue of (2) Elements of the entry into force of the transfer of claims, and in the notice of claim and let the legal effect of multiple and let the priority rules; (3) a detailed study civil law , the common law prohibits the use of all the terms and conditions, and future claims to that effect in the case of the Legislative Council, China's description of the fundamental basis for a reasonable choice. (4) the grantor's warranty liability, the debtor's defence and the right to the protection of the interests of the assignee trust.The first chapter in this paper that, first of all, to define the claims and the meaning and scope, and then analyzed claims and claims for the transfer is a kind of relationship, and claims only to the transfer of claims under-concept, the two should not be confused. Secondly, the use of logic, the method of combining the value of the property acts theory analysis to correct "and claims to have no result"-said the mistake. Clearly pointed out that ordinary civil claims for mining without reason and the principle of no practical significance. Roman law claims in the subsequent study to the history and evolution of the system. Common Law system and claims to the development of Roman law and there are great similarities. And claims to establish and perfect the system will be further promoted the claims of the capital, as well as claims in the past have made modern society superior to the status of property.Chapterâ…¡concentrate on with the object to the claims. Detailed study of the common law, civil law for the prohibition of all terms and conditions, and future claims to the effect that in the comparative analysis on the basis of the provisions of the existing law with a reflection, and thus a reasonable description of the fundamental choice basis.Chapterâ…¢of notice in order to allow for the entry point, and notice is put forward to the entry into force of the transfer of claim elements. On this basis, the common law, civil law and the rules of priority countries theory on the basis of a comparison of the detailed study, and they pointed out that the legal system of China's relevant system is uncoordinated and, therefore, to our country with the multiple claims Mining should be the priority rules can only be a "first notice, the right earlier," This is the real interpretation of the Civil Code followed the principles and rules of the inevitable conclusion drawn by.Chapterâ…£focuses on the protection of the interests of the assignee, as such claims directly related to the transaction to the relationship between security, and the author of this chapter focusing on the responsibility of the grantor's warranty, the assignee trusted to protect the interests of the debtor exercise offset by the assignee the right of the protection of the interests of the problem were discussed, and a number of sound recommendations.Chapterâ…¤on to the debtor and creditors should not be damaged by this principle, the right of the debtor's defences, which more than offset the right to claim part of the table and to see such rules was discussed with a view to allow claims with the passive Let's accept the fact that the debtor and provide comprehensive protection. Chapter VI of the first countries to the rights of the contract and the terms of the effectiveness of the arbitration cases were investigated legislation, and on this basis, the paper that China should establish an arbitration clause together with the transfer of contractual rights and bound by the principle of the assignee, It also reflects the trend of international arbitration.The author claims in the system related to the analysis and in the course of the following experience: in the existing law or failed to explain the provisions of proposed recommendations, it must follow the interpretation of the rules of civil law, is subject to the restrictions of the law in force to help properly apply the law, and we can not ignore the logic of disharmony, arbitrary interpretation.