Study On The Transfer Of Creditor's Rights

Transfer of Creditor's rights, also known as credit transfer or assignment of contractual rights, refers to contract creditors through agreement will their transfer of creditor's rights all or part to a third person's behavior. In transfer process, closed creditor-debtor relationship is opened, creditor-debtor relationship is more complex than before. Although such, but transfer of creditor's rights system in trading freedom and efficiency are important value, making the creditor's rights trade mark, became greatly enriched and increased for trading property content and scope, the creditor legis also constitute modern credit economy organic component, it simplifies the transaction procedures and save the transaction cost, be helpful for the prosperity of economy and social wealth growth. However, the our country present stage for the regulation of system of assignment of the obligee's right is not clear, but the scope of transfer of creditor's rights no provisions, transfer inform system does not completely established, to the debtor protection degree is not satisfactory, so it is necessary to transfer of creditor's rights system, further study and explore the current laws how to further clarify and improvement, in order to better guide people daily life trading behaviour and judicial practice.This paper except preface and epilogue outside,mainly includes four parts:The first part, through a related cases of introduction, ask questions. In our country's judicial practice, often appear creditor claims the debtor and transfer of new creditors dispute question, the focus of dispute is one of the transfer of creditor's rights agreement, is valid, it become effective against the debtor. China's laws on the system of assignment of the obligee's right is not clear, the provisions of this law between old and new problems regarding the also has certain differences. This paper will for the first and second and retrial ruling shall be evaluated, and use this case spread more in-depth research.The second part, the credit transfer of legal theory thinking. This part is mainly discusses the properties and the creditor conveyance system value, as debt conveyance of legal theory, this is divided into perfect our country the transfer of creditor's rights system lay a theoretical basis.The third part, the creditor legist of several specific issues, including the transfer of creditor's rights components, transfer of creditor's rights inform, the transfer of creditor's rights in the interests of the creditor debtor protection, the double legist problems and creditor's rights transfer, the scope of this part is the key articles.The fourth part, perfect the transfer of creditor's rights system's Suggestions. To our country claims legist legislation present situation analysis, pointed out that our country legislation deficiency. According to the deficiencies legislation in our country, combining the transfer of creditor's rights theory foundation and other countries and regions, and puts forward the legislative experience perfect our country claims legist system legislative Suggestions. This part is one of the key part in this paper.