Assignee’s Interests Of The Protection Of Research In The Assignment Of Claims

With the development of economy and the practice of business expansion,economic agents demand for much more capital.The system of creditor’s rightransfer can realize the expected benefits,thus satisfy creditors’the demand forfunds in economic activity. So， how to guarantee the credit smooth transferbecomes urgent need for creditors.In order to guarantee the smooth transfer ofcreditor’s rights, we should give enough protection to the assignee. If not givethe assignee enough protection, the safe status of assignee is very difficult toguarantee. So any potential assignee rather than rational also dare not acceptassignment of creditor’s rights.The system of creditor’s rights transfer in Chinastarted late.The system of credit transfer in our country doesn’t have enoughprotection to the grantee. so it can’t meet the need of the smooth circulationof creditor’s rights. Therefore, how to improve and perfect our assignment ofprotection of assignee rights, guarantee their safety status in law, which is veryimportant.This dissertation focus on the safety status of assignee.This dissertationcomprehensively analyzes the legislative status and defects of our claims to theassignee protection, basing on the reference of foreign experience and combiningwith our practice.In order to guarantee the smooth transfer of creditor’s rights,thisdissertation puts forward some legislative suggestions of the assignee of theprotection.This paper is divided into four chapters.The first chapter：the protection ofcreditor’s rights transfer system, expounds the concept and nature of the assignmentof creditor’s right, the legitimacy of the evolution of the assignment of creditor’srights of the assignee protection and protection of assignee. The second chapter analyzes the present situation of our country’s legislation and the assignment ofcreditor’s right to protect the assignee, altogether divides into two days. The first dayanalyzes the current legislation on assignment of creditor’s right grantee protection inour country. The second section analyzes the assignee’s interest protection legislationdefects: Provisions on assignment notification subject is not reasonable, quitely surebanning assignment of creditor’s rights special effectan and defects about principal ofpublic summons for assignment. In order to provide reasonable reference forperfecting the transferee protection in china, the third chapter discusses the commonlaw and civil law legislation situation about assignee protection.In order to strengthenthe protection of the interests of the transferee,the fourth chapter basing on thelegislative defects in our country of assignment of rights protection of assignee, putsforward legislative proposals to increase the assignee as the main body of the noticeof assignment of the creditor’s rights, restrict on special external validity and publicitymeans for assignment of credit should be with registration and notice.