System Of Cession Study

The institution of assignment of creditor's rights came up in Civil Law period, completed as the development of economics and commerce, is dictated by countries of Civil Law Systems and Anglo-American Law. Different theory systems of civil law make different ideas about the nature of assignment of creditor's rights. As the regulation on assignment of creditor's rights according to the theory of right changes, the legal system of Germany considers it as quasi-property rights, and the legal system of France considers it as fact acts. Our country adopts the claims formalism in right changes, so we call this fact acts.The contract of assignment of the creditor's rights is the core of the theory about the constitution of assignment of creditor's rights, it and the assignment of creditor's make up this whole constitution. When the contract becomes effective, it can generate the effect in right changes. The theory about notice of the assignment is important, our country also dictates this, but isn't enough. The notice is the quasi-legal acts. In the situation of double assignments of creditor's right, we must consider the time of debtor's promise as the base of the assignment of creditor's right. At the same time, the problem on the priority of assignee and grantor's creditors plays an important role in practical life. But the constitution of assignment of common creditor's is poor in China and needed to be researched and perfected.This dissertation is divided into five parts. The first part is the synthesis of the institution of assignment of creditor's rights, it derives from the comparison of relative notions and its progress of development. The second part is the nature of the institution of assignment of creditors'rights, and it talks from the civil theories of Germany,France,Japan and China. The third part talks about the elements of the contract of institution of assignment of creditors'rights, it refers to three aspects: existing valid creditor'rights,the creditors'rights can be assigned and the assigner and the assignee reach an agreement. The fourth part is the problem on the notice of the assignment of creditors'rights, it talks about the problem on the prior between assigner and the assignee in the effect aspect. The fifth part is on double assignments in creditors'right, it give the suggestions of solution in the problem of the assignment of creditor's rights from the angle of comparing laws.