Analysis Of Effectiveness Of Multiple Assignments

With economic development, creditor's rights gradually acquire a superior status to property rights, thus become the center of modern private life, It plays an important role in the modern economic life and decides the great significance of theoretical research on the assignment of creditor's rights. In the transaction, people pay more and more attention to dynamic transaction security, reflected in the assignment of creditor's rights to start with the focus on the protection of assignee's interests, in order to improve the liquidity of the claims. To establish the effectiveness of multiple assignment of claims rule, in essence, is to establish the elements of claims against the third person except the debtor, and to embody the maintenance of dynamic transaction security.At the long-term historical evolution of the assignment of claims system, each country has developed their own effective rules to allow multiple assignment of claim. In this article, after comparatively analyzing the merits and faults of multiple assignment rules in each country, and according to Chinese reality, I suggest to establish the effective rule of multiple claims assignment in China.The first part of this article is a theoretical overview about the system of claims assignment. It elaborated the basic concepts of claims assignment and multiple claims assignment, analyzed the formation reasons of multiple claims assignment and history evolution of interest's protection in claims assignment, and revealed the evolution history from the legal protection focusing on the interests of the debtor to take debtor and assignee's interests into account.The second part of the article described the effectiveness of rules of multiple assignment in countries, respectively analyzed the difference between civil law countries and regions and English-American countries, as well as the formation of the International Convention on the effectiveness of the rules. We know that these rules in fact could be divided into time first, effectiveness priority rule; notice first, effectiveness priority rule; registration first, rights priority rule.The third part is to analyze the merits and demerits of the various rules. All rules have its advantages and disadvantages. The biggest disadvantage of time first and effectiveness priority rule is that this rule could not protect the dynamic transaction security effectively. The biggest disadvantage of notice first and effectiveness priority rule is the limited scope of the way of publicity. The efficient operation of the whole system depends on the integrity of the debtor. Registration first and rights priority rule can solve the problem of publicity scope in notice first and effectiveness priority rule. However, because of the diversity and non-specific of claims, it's difficult to register of each debt, and its effect is limited.On the basis of the analysis and introduction of all countries' systems, the fourth part of the article analyzed the present legislative situation of Chinese multiple claims assignment and the academic contend. At present, China lacks the rules of effective multiple claims assignment. Some scholars put forward some effective rules, but it still lacks feasibility. After analyzing, I am trying to put forward some legislative proposals: distinguish between the transfer's accounts receivable and non-transfer's accounts receivable, establish the application of registration against doctrine in transfer of accounts receivable. However, to non-transfer of accounts receivable, we still use the notice against the doctrine. Further more, we analyze why we adopt this rule.