On The Effect Of Assignment Of Creditor’s Right

The position of creditor’s rights which as an important property rights in economic life is becoming more and more important. The assignment of creditor’s rights plays a very active role in accelerating debt liquidity, realizing the resources effective disposition and promoting economic development. So researching and analyzing the effectiveness of creditor’s rights comprehensively has important significance.The system is not formed at one stroke; it experienced a long and complex change process with ban, gradually relaxed until now free. The system of assignment of creditor’s right can be traced back to the ancient Rome law. At present, although the system of assignment of creditor’s right has become the civil law tradition of the two largest law systems, due to the difference of legislative background, traditional theory and the national condition, specific regulations on the effect of assignment of creditor’s rights are not the same. But overall, the legal system of the effect of assignment of creditor’s rights is relatively perfect abroad, and the theory and case are very rich. And relatively speaking, although the" Contract Law" and judicial interpretation makes a special regulations on assignment of creditor’s right, the provisions are too simple and general, and many key issues are not involved, such as the effect of notice of assignment, multiple assignment, superficial assignment and continuous assignment, which leads to the great debate in practice or theory, and this is not only not conducive to the actual operation, but also not conducive to circulation of the creditor’s rights, and economic development.Therefore, this paper uses relative research, historical research as well as case study method, on the basis of introducing the law basis of assignment of creditor’s rights and existing problems in our current law, comparative study on the act legislation of assignment of creditor’s right in typical countries or regions respectively, thus to put forward how to identify the assignment of creditor’s right in our country:This paper thinks that, first of all, the effectiveness of the notice of assignment of creditor’s rights is demonstrated in three aspects:the first is the effectiveness on the assignor and assignee; the second is the effectiveness on the validity; the third is the effectiveness on another person in addition to the debtor. Secondly, in the multiple assignment case, it should be based on the sequence of the time of the notification to determine the ownership of rights. Again, no matter the transferor or transferee notice, it should be applying superficial assignment, but has different requirements on the resulting the effectiveness of superficial assignment. As for the debtor’s subjective state, it should be good. Finally, under the continuous assignment circumstances, it should be made the time of notice as the time point to judge the right of ownership.