The Analysis Of New Problems Of The Assignment Of Claims System

With economic development, the ways of economy and trade become morecolorful, and the transaction of creditor’s rights become more common in dailytrading. So the assignment of claims system is created. The system plays a great rolein the accumulation of wealth. It has experienced a process from absolutelyforbidden to gradually establish. Each country has developed their own effectiverules to allow multiple assignments of claims. With the development of theassignment of claims system, some problem in the system begins to appear, such asmultiple assignments of claims. The disputes of ownership in multiple assignmentsof claims are also beginning to emerge. To solve the disputes, different countrieshave different rules for multiple assignments of claims.We have made some provisions on assignment of claim when our contract lawis mended, but there are no provisions on multiple assignment of claim. It is clearly aflaw. And experts also don’t have a unanimous conclusion. This situation hasseriously affected the unity of the rule of law in our country. So it is urgent toestablish effective rule of multiple claims assignment in China.This article has four chapters besides introduction and conclusion.The first chapter is a theoretical overview about the system of claims assignment. It elaborates the basic concepts of multiple assignments of claims;analyze reasons of multiple claims assignment and history evolution in claimsassignment.The second chapter mainly describes three rules of multiple assignments indifferent countries and briefly introduces the three rules.The third chapter is to analyze the merits and demerits of the three rules. Theyall have advantages and disadvantages.The fourth chapter is a review of our legislative situation. According to theabove analysis, the author draws a conclusion that notification is the key forassignment of claims. And then the author concludes that notification rule is the rightoption for the ownership in multiple assignments of claims. This article’s purpose isto provide some suggestions for establishing effective rule of multiple claimsassignment in China.