| By using the method of comparisons, this article analyzes the rules on credit-assignment of France, Germany, Japan, UN, Taiwan Province and China Mainland, gives some advise on the legislation of the topic. This paper focuses the legal basic issue on credit-assignment concerned with securitization, such as object of credit-assignment, notice of credit-assignment, etc. Chapter 1 mainly discusses the concepts of credit-assignment and securitization. Credit-assignment is that creditors transfer their credit to other by contract without changing substantially the credit. Credit-assignment consists of different composition under different rules. Contract that creates the credit, cause of credit-assignment, contract of credit-assignment, assignment of credit, are several different concept. The trust of credit also follows the rules of credit-assignment in China. Securitization is also defined in the chapter. Object of credit-assignment is involved in Chapter 2 mainly. It analyzes the mainstream views on the credit that can not be transferred, because of the credit's character, agreement between creditors and debtors, or some regulations. Assignment of future credit is also discussed in the chapter. Chapter 3 deals with exterior effectiveness and notice of credit-assignment. Notice, by which credit-assignment can bind debtors, is defined by many states. This article suggests that information be the effective condition of credit-assignment. The definition, subject, receiver and method of notice are introduced in the chapter. Last but not least, the chapter discusses whether and how the mortgage of credits is transferred with assignment of credit. The article is completed under the direction of my tutor, Professor Zhang Zi-tai. He gave much advice on the topic, the structure of the article. I thank him for his guidance heartily. Key Words Credit-assignment; Securitization; Object of credit-assignment; Notice of credit-assignment... |
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