Research On The Assignment Of Credit

Recent years, the public and judicial staff had been obsessed with the cases of difficult enforcement, so some parties transfer openly the judgement by the auction. The legitimacy and rationality of the public are concerned. The Transfer of the verdict means the doubtless credit-assignment. Although the credit-assignment had been established in the Contract Law, the provision and the reserch on theory are simple. The theory about credit-assignment had been required to direct securitization of debts and special assignment of debts. So, bansed on develop credit-assignment, and compared on others' successful cases, this thesis gives a proposal on perfecting the credit-assignment, and solve a problem on dealing in the judgement.The thesis is divided six parts.This first part is comparing the concept of the credit-assignment with interrelated concepts, and comparing and distincting the credit-assignment with Guarantees the principle which is a kind of special form, then suming up the character of the credit-assignment. Focusd on analyzing the various theories by comparison, the credit-assignment is the factual acts had been obtained based on rule of the credit-assignment of the continental legal family is refer on real right alternation, our country adopts the claims fornalism in right changed.The second part is the history of the institution of credit-assignment. Analysing the history of the institution of assignment of creditor's rights in Continental legal System and Common law System, the assignment of creditor's rights as a matured and wide-using was increasing perfected. So our legislators and legists try their best to found a perfect legal mode to balance all parties' right and interests.The third part is expatiating the object of credit-assignment. By introducing other countries' legal mode to solve our existing legislation, assignment of creditor's rights is necessity to constitute in our future civil code. The thesis analyses the possibility of assignment of judgement by values of law, economic interest, rules of law and reality reasonable four aspects. And the auther supose:â‘ private remedy,â‘¡voucher of credit-assignment shoulad be established.The forth part analytical studies effect of credit-assignment. Analyzing the advantages and disadvantages of the three kinds law cases,the arthor gives to bulid the register of the credit-assignment to deal with rights' conflict. The fifth part expounds the significance of asset securitization to development of the creditor's right securitization and asset securitization, then introduces the concept, theory and using of asset securitization, and summarizes the problems which exist the legislation of asset securitization, gives suggestons to perfect the legislation.The sixth part introduces the lawsuit trusteeship. For deducing the harmful consequences of assignment of judgement and solving the passive influence, the arthor appeals to approve the lawsuit trusteeship.