Creditor’s Rights Transfer System In Our Country Related Studies

This article is aimed at study on detailed description and comparative analyze,then summarizing the flaw of our country’s credit assignment and solving the existing problems,mainly involved:(1)whether future creditor’s right,revocable, see table assignment of creditor’s rights as well as the conditional time limit of creditor’s rights and so on special form of creditor’s rights can be transferred; (2) To make up for the lack of legal basis for the validity rules of the multiple assignment of creditor’s rights. Through the comparative analysis that we should have concluded the most suitable law of our country, so as to protect the actual benefits of the third party;(3)To improve debtor’s effect of defenses and rights of set-off.Under the condition of market economy, only allow the free transfer of debt, the role of credit can be bringing into full play, and this is the better way that can promote the rapid development of social economy. The economic value of creditor’s right, it has determined itself to become the subject of the transaction. The establishment and development of creditor’s right assignment system has profound practical significance to the whole society’s wealth. The famous American jurist Pound pointed out:" In commercial age, wealth is mainly made up of right of claim."So constructing the system of assignment of creditor’s rights has become one of the basic characteristics of many countries’ civil law.First,The assignment of creditor’s right’s nature is the theoretical basis of the system of assignment of rights, and it is the basic idea of establishment and learning the assignment of creditor’s rights. The nature of the assignment of creditor’s right is related to the time of the assignment of the creditor’s rights and the effect of the dual assignment. It is closely related to the choice of the pattern of real right change and the different legislation and theory. According to the theories of Chinese and foreign scholars’ theoretical research, this article tries to analyze from Real right behavior is trying to analyze the non-causative nature and take up point of vie w.In order to find the characteristics and the nature of the assignment of creditor’s rights. Secondly, this article has detailed discussed the constitutive elements of the assignment of creditor’s rights and the creditor’s rights which may not be transferred. From three aspects which are the nature shall not be transferred, the parties promising shall not be transferred and the law promising shall not be transferred. A comparative analysis of the academic theories from various countries has concluded that the creditor’s rights are transferred into effect under what kind of conditions. At last, it expounds the present situation of the system of creditor’s right assignment, and runs through the historical evolution of t the creditor’s rights in our country. Effectiveness is binding.Mainly through the protection of the debtor’s right of defense and the right of set off, the study of the scope of the debtor’s defense, the responsibility to bear, and other related issues.For the validity of partial creditor’s rights,this article tries to make contrast of Anglo-American law systems’ concrete actions.And then raise the effect of creditor’s right in our own country in order to get the corresponding conclusions.The legal effect of the multiple assignments of creditor’s rights is a blank space in our civil law. From the analysis of the three types of rule’s advantage and disadvantage, in order to figure out what kind of effective rules that our country should take to specify multiple claims assignment problem.Considering the deficiency and perfection of our country’s system of creditor’s rights.Firstly, from the lack of the special form of creditor’s rights transfer laws, this part mainly investigate whether creditors can transfer the creditor’s rights from four aspects which are creditor’s rights in the future,part of the creditor’s rights, revocable,creditor’s rights attached to the conditions and time limit of the creditor’s rights.Secondly, the article has raised the improvement and suggestions for the transfer of creditor’s rights in China.