The Notification Of Assignment Of Creditor’s Rights

This paper mainly discusses several subjects about the nature of the notification of creditor’s rights transference, the appropriate body for the notification,the time and the way of the notification and the repeal of the notification, the effectiveness of the notifications. On the basis of a lot of analysis and comparison, the author thinks that the content of the inform which states the fact that has already happened, so it belongs to a kind of a concept notice and something has legal significance. As for the appropriate body of the notification,to protect the interests of both the debtor and the assignee, the author tends to make the transferee of the notify by some condition, for example, the assignee shall be presented when sending the notice of assignment issued the transferor. After the establishment of the transfer contract it should be sent to the debtor in a timely manner within a reasonable time so he can perform the contract in time, and we can adopt the announcement and litigation to notice when it is necessary,only in this way can the interests of all parties be better protected when the debtor is missing or the transferor would not sent the notification.otherwise everyone don’t know what to do.As a kind of idea notification,the provisions of the said can be used on it,so the notification ban be repealed.Renowned economist H.macleod says that the transfer of creditor’s rights has a very profound effect on growth and change of human wealth.So all countries in the world rules the creditor’s rights transfer system in the civil law. he article seventy‐nine of China contract law also have such provisions. In addition to the following circumstances,the creditor may transfer all or part of the rights in the contract to a third person:(1) it can not be transferred because of the nature of the contract;(2)the parties pointed that the contract rights should not be transferred;(3)the law says non‐transferable. The provisions of the contract in our country to transfer is too simple to guide the operation of the market economic.The notification has a key role in the system of creditor’s rights transfer, because the creditor’s rights transfer is to make the claim be transferred between different subjects,so the transferee can have the rights from the transferor, while the notice is crucial if someone wants to transfer the rights successful, just for this reason, more and more scholars pay their attention to the notice. This article will compare a lot of countries’ legislation to comprehensively discuss the topic of notice, and the author will make it through the following four aspects: First of all, this article explains the nature of the notice,to solve the problem from the aspect of essence and put forward the author’s views after discussed the various theories; Secondly, the second part is the start of the important article, this part of the article will analyze the element of the establishment to notice from the specific level, and detailed discuss what people can make a notice, different subject should take different requirements. Third,the article will discuss the time and the way of the notification and the repeal of the notification in this part. Namely, after the rights are transferred,the parties should sent the notice to the debtor in how long to make sure the effectiveness. Can the notice be repealed ?or how the notification can be repealed ?At last, the author will study what effect will produce from a legal notice in the ending part of this article.