Credit And Effectiveness Research

Along with economical development,The creditor's rights obtained gradually in the modern times have surpassed the real right the status,thus becomes the civil law life the core. In the daily civic action, the assignment of creditor's rights can satisfy the people to allow temporary credit the fund, takes back the creditor's rights as soon as possible and so on many kinds of goals, thus assigned claim phenomenon also suitable common. The creditor's rights assignment are advantageous in realizing the resources effective disposition, realizes the wealth maximization. Therefore,the practice which assigns for the creditor's rights provides the security, the explicit legal safeguard, also demonstrates the very vital significance.In the planned economy and the market economy unify under the system to draw up "the General provisions of the civil law" the limit which assigns to the creditor's rights are too strict, inopportune. Although "Law of contract" the unique seal has stipulated the contract transfer and the change, but assignment system's stipulation to the creditor's rights to be very simple, in the actual operation process has many problems. Our country present civil legislation the stipulation comparison principle which and the summary assigns to the creditor's rights, this kind of characteristic cannot satisfy the request which under the market economy system the creditor's rights conductivity expands day by day. Therefore, this article chooses the validity of the creditor's rights as the object of study, contrastive analysis various countries some success legislation experience, studied our country the assignment of creditor's rights which the system and involved, and proposed that consummates legislative the suggestion.The validity of right assignment has difference the internal validity and the external validity,the former exists in assignment between the assignor and the assignee, and takes effective because of the assignment contract; the latter exists between the assignee and the obligor and the other third person,whether because the assignee depending on the assignment contract advocates the right to the assignor or the other third person, needs to regard the assignment of the creditor's rights whether to have the resistance important document to decide. The validity of the creditor's right assignment manifests in the transaction the person, the assignor as well as the assignee and the third person of benefit balance, also namely to creditor's rights security and fluid synthesis weight.This article altogether divides into four chapters,including the otline of the assignment of creditor's rights, notice of assignment and the validity, the internal validity and the external validity.The first charpter makes the overall outline, and analysises of the concept, property, history develop and constitute important item. The right lets and is the contents that don't change a debt, the creditor turns legal right by contract in the third people but law the top legal right power of occurrence belong to fluctuation.Let to carry on with theory and lawmaking example of the assignment of creditor's rights to all countries and the region more analytical.The assignment of the creditor's rights should be the result that the legal right lets to implement with contract, is one fact behavior.So,the assignment of creditor's rights is the validity of the contract of assignment. The assignment contract must match the contract establishes to take effect of general important item. To the party concerned engagement forbid to the creditor's right, its engagement control the party concerned both parties only, but can not resist good intentions the third people.The second charpter discusses the notice of assignment. The notice of assignment is the most important theories problem. First what needs to be clear is the creditor's rights assignment the notice has any validity to the obligor, what when to have the validity, it already involves to the obligor benefit thoroughly, the effective protection, also whether relates the assignee the creditor's rights which lets to realize smoothly. This article inquired into from the comparison test angle various countries and the area the notice of assignment in the creditor's rights the different stipulation, proposes in view of our country scholars the notice of assignment is the contract of the creditor's rights's assignment legal to become effective the important document theory, this article raised the objection,and thought that the creditor's rights assignmengt to the obligor have an effect, the validity of the creditor's rights assignment contract itself by no means. "assignment is not binding upon the obligor" is refers to does not have the resistance validity. Notice of assignment is the creditor's rights assignment resists obligor's important document, the assignee according to the creditor's rights assignment contract to obtain the creditor's rights which assigns, should not resist the important document to deny this creditor's rights ownership in the assignee, the obligor can only to not have the resistance important document assignee to pay the request, refuses to fulfill. This chapter also to the notice legal attribute, the form, the main body and so on assigned in the notice the important question to carry on the elaboration, and thought that because the notice the main body should not include the assignee, the obligor to assignor's faith to be possible to feel relieved to the assignee fulfillment which notifies. If the assignnee is also the notice, then the obligor has the examination creditor's rights assigned the fact is real or not the duty, undertakes risk which repeatedly pays. To fact has not known the creditor's rights after the notice to concede to the fact in the situation, may choose voluntarily by the obligor to the assignee or assignor to fulfill.The third chapter has discussed the internal vlidity which the creditor's rights concede. The internal validity in assignment between the assignor and the assignee produces, involves the main creditor's rights and from creditor's rights shifting, duty contents and so on assignor's right slight defect obligation of warranty, assignor's payment and to inform. The assignor to guarantee the creditor's rights the existence, but does not guarantee the creditor's rights realization. Whether the assignor only to the creditor's rights right slight defect which its assignment to take the obligation of warranty, does not lose the obligation of warranty regarding obligor's fulfillment ability. This article elaborated has taken from the right mortgage transfer, specially the amount of mortgage. When the amount of mortgage determination, becomes the ordinary mortgage, may transfer with the creditor's rights. Before the amount of mortgage determination, the amount of mortgage must with the foundation legal relationship which its is subordinated one and transfers, therefore the part assigned claim, the amount of mortgage does not transfer along with the concrete creditor's rights' transfer; But the litigant may agree separate.The fourth chapter inquiry into the external validity of the assignment of creditor's rights, is divided into to the validity of obligor and to the other parties except obligor. The former performance the effect which assigns the creditor's rights has what influence to the obligor. Obligor's status before the right assigns cannot compare remises encounters weakens, so the obligor may to the assignee advocate that it to assigns the human to contradict the power. Because the creditor's rights assignment do not need to give a farewell dinner party the public announcement important document, therefore the avoidless identical creditor's rights are punished many times. The other parties except obligor is refers to the sign creditor's rights position with the assignee not accommodating obligor, this chapter by is possibly double assignment as the creditor's rights to the third person of validity key point. National and the local and so on comparative analysis Japan, US legal rule, thought that our country has not set up to the other parties except obligor of resistance important document, Between the assignor and assignee's internal validity, besides notify in addition to the obligor as the necessity, advocated to any third party. Is been redundant on the identical creditor's rights when assigns, who with remises the human first to achieve effectively remises the contract, the sign creditor's rights should belong to anyone. This article advocated that may profit from the US to assignment the registration principle pattern, first obtains the creditor's rights to the second assignee the situation to make the exception to stipulate. The large quantity of creditor's rights sets up resists the third person of important document, establishes the registration public announcement system, but to the jot creditor's rights, in the transaction efficiency and under the cost consideration, does not set up the resistance important document, obtains the who assigns effectively to the second assignee to advocate the creditor's rights assignment's legal effect.