The Assignment Of Future Claims

With the economic development, people's demand for capital are growing. People pay more and more attention to the capital of claims, or even the capital arising from future claims. Overseas practice shows that the assignment of future claims can be used as an effective means of financing. The assignment of future claims has been recognized. In foreseeable future, the assignment of future claims will receive more recognization in more and more countries and regions.Unlike the general claims, future claim is unique. Future claim often has a legal basis or factual basis, the nature is the right of expectations is protected by law. The particularity of the future claims makes the different from the general rule. In the traditional theoretical framework, the assignment of future claims has been widely questioned once. However, with economic development, people's demand for financing is growing. Property or rights with capital is for financing, the advantages of future claims in financing are starting to show. Foreign development of the theory and practice of future claims speeds up the recognition of assignment.There have been two major types, the assignment of basic future claims and assignment of pure future claims. Two types of the assignment has certainty different basis making the assignment rules different. Only a comprehensive recognization for the different rules can regulate the development of the assignment and promote the healthy development of future claims.Our legislation does not explicitly allow the assignment of future claims; theorists and practitioners have not paid enough attention for the future studies. With the development of market economy and the continuing reform of the financial sector, needs for the assignment of future claims in business practices will be growing. Therefore, to build the system of assignment should be the choice of current legislation. Legislation should adopt an open attitude with the necessary risk-oriented regulation.