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Research On The Multiple Assignment Of Credit

Posted on:2012-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
GTID:2216330368992775Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Assignment of creditor's rights is not to change the contents of the creditor's rights and the transfer of the people in the third law. From the original "law" to recognize assignment of creditor's the rights is to experience with a long period. With economic development, creditor's rights gradually acquire a superior status to property rights, thus become the center of modern private life, It Plays an important role in the modern economic life and decides the great significance of theoretical research on the assignment of creditor's rights. As the economy of the creditor, there is a great deal of repetition of the rights in the life. But there isn't any rule in our country. In view of that, this article mainly to the rights of the system as an attempt to pass on the theory of the legislature. At the long-term historical evolution of the assignment, any country has developed their own effective rules to allow multiple assignment of claim. In the article, after comparatively analyzing the merits and fault of multiple assignment rules in each country, and according to Chinese reality, I suggest to establish the effective rule of multiple claims assignment in China.This article is a theoretical overview about the system of claims assignment. It elaborated the concepts of claims assignment and multiple claims assignment, analyzed the formation reasons of multiple claims assignment. The article described the effectiveness of rule of multiple assignment English-American countries, as well as the formation of the International Contention on the effectiveness of the rules. We know that these rules in fact could be divided into time first, effectiveness priority rule; notice first, effectiveness priority rule; registration first, rights priority rule.On the basis of the analysis and introduction of all countries'systems, the article analyzed the present legislative situation of Chinese multiple claims assignment and the academic contend. At present, China lacks the rules of effective multiple claims assignment. Some scholars put forward some effective rules, but it still lacks common understanding. After analyzing, I suggest to establish the effective rule of multiple claims assignment in China.
Keywords/Search Tags:Assignment of creditor's rights, Multiple assignment, Time first rule, Notice first rule, Register first rule
PDF Full Text Request
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