Research On Related Problems Of Assignment Of Creditor’s Right

Assignment of credit, is refers to does not change the relationship of debt of the content, the assignment contract creditor through its assignment to third people enjoy the phenomenon. With debts together constitute the transfer of debts. On the transfer of creditor’s rights, domestic and foreign experts and scholars have discussed, to promote the perfection of the system of. However, practice development always walk in front of the law. Develop increasingly in market economy today, securitization has become increasingly prosperous. The system of cession change appeared polarization trend, on the one hand, by the " lock " effect, emphasize the protection of the debtor; on the other hand, the bearer securities influence, one-sided emphasis on the transaction efficiency. Thus, to better balance the interests of creditor and debtor assignee. China’s " contract law " although the contract claims made special provisions, but these Provisions are too principle, lack of interoperability, bring to practice a lot of confusion. The author thinks, should be in draw lessons from other Ⅳ Ⅴ Ⅵ ⅦⅧcountries legislative experience and advanced theory basis, to safeguard the security of transactions, promote trade for the purpose, through the system design method to realize creditor’s rights, the assignee and the debtor the relative balance of interests.The article sets out from real case, put forward the system of cession problems in judicial practice. The full text is divided into five parts. The first part, through the typical case, this paper tries to discuss the problem. The second part, assignment of creditor’s rights were summarized, analyzed the nature of assignment of creditor’s right. Introduces the most representative quasi-property behavior and legal effect, and simple evaluation. The third part, discusses the assignment of creditor claims the blemish assured responsibility, on the responsibility of the security flaws in scope and responsibility. The fourth part of the assignment of creditor’s right potency effect related problems were analyzed. Focused on the prohibition of assignment of creditor agreement effectiveness; notice in the claims with the important status and the existing problems, put forward their own views, namely, strict notice as a principle, permit in certain circumstances, by the transferee notice or by announcement announcement.