Notification For Assignment Of Creditor's Right

For many kinds of purposes,the assignment of creditor's rights take place every day.Chapter 5 of CONTRACT LAW of PRC includes provisions for the assignment of creditor's rights.This law adopts the legislation routine of notificationist and hence changed the original provisions in GENERAL PRINCIPLES OF THE CIVIL LAW OF PRC which stipulates that the creditor shall obtain the assent of the debtor to assign its creditor's rights and shall make no profit.This is a big progress of legislation. However,is this provision of Contract Law good enough? How has the provisions been performed in judicial practice? The author collects more than 100 court judgments on assignment of creditor's rights so as to analyze the theory and judicial practice on assignment of creditor's rights in China.Through carefully reading and analysis,the author finds that,although there are lots of disputes related to the assignment of creditor's rights,the court judgments are not consistent and there are not delicate analysis and reasoning in the those judgments.And,although the notification for assignment of creditor's rights is the most complicated and disputable problem and the statutory provisions of notification is crucial in assignment system,the court judgments related to notification are so different that it indicates the fact that there are many misunderstandings to the law.This situation is no good for protecting the legal rights and interests of the people,and will damage the judicial certainty and authority and will harm the circulation of creditor's rights. Scholars major in civil law have studied a lot on assignment of creditor's right,and we can find relevant discussions more or less in almost every civil law textbooks.However,the studies about notification are relatively less,especially the articles or dissertations on notification of assignment of creditor's right are seldom or lack of full-scaled and deeply analysis.Hence,this dissertation adopts historical,comparative and practical methods to do research systemically on the notification of assignment of creditor's right,hoping to understand fully the relevant problems as to notification for assignment of creditor's rights。This dissertation can be divided into three parts:the preface,the text, and the conclusion.The preface introduces the background knowledge of this dissertation so as to provide a foundation for the following reasoning.The text can be divided into 5 chapters:Chapter one is to analyze the function of notification in assignment of creditor's right based on judicial cases,concluding that notification is not a essential part of the assignment of creditor's right.Chapter two discusses the character and content of notification.Chapter three analyzes the parties to notification,including the sender and the recipient of the assignment notice.Chapter four discusses the form of assignment notice.Chapter five analyzes the force of notification.The last is the conclusion.