The Study On The Priority Rule Of Assignees About Creditor's Rights' Multiple Assignments

Economic development will inevitably created transaction object and trade diversification. Creditor's rights with no body is finally out of the legal concepts that they can only exist in certain people, in real life assignment of creditor's rights has appeared, even its multiple assignments. How to determine the priority of the assignees in the multiple assignments, so as to ensure security of creditor's rights transactions,is vital for realizing its property value. China has no related legislative provisions and this paper is based on the current situation of our country, comparing the assignee's priority rules in different countries in order to put forward its own proposal.First part of this paper focuses on the background of the assignee's priority rules in the multiple assignments. First, legislative provision is in the blank,so it can't help with the juridical practice though in a Statute law country; Second, as to the academic opinions, experts and scholars discuss from different respects,but there is no consensus; Third, in real life assignment of creditor's rights has appeared,even its multiple assignments,with no unified standard regulations to refer, it is more difficult to realize the impartial judgment in juridical practice.The second part compares the assignee's priority rules in different countries of the world as well as the international conventions, analyzing their advantages and disadvantages. The assignee's priority rules can be divided into three kinds : time first, effectiveness priority rule; notice first, effectiveness priority rule; registration first, effectiveness priority rule. The biggest disadvantange of time first,effectiveness priority rule is that it is lack of effective publicity means, adversing to achieve interests balance in the related people among the assignment of creditor's rights; notice first, effectiveness priority rule is relatively simple, has centain publicity effectiveness to some extent, but its form needs to be strengthened, some specific rules also need to be regulated clearly so as to apply; registration first, effectiveness priority rule can provide a solution to solve the publicity effectiveness problem, but it is limited in the range of application and needs a larger cost.The Third part discuss a problem that when notice first, effective priority rule or registration first, effectiveness priority rule apply,how to prvent the risk if the elements against a debtor and a third party separate.That is, if the debtor pay off debts favorably to the people with no real rights, the effect will be admitted; and as a result, the assignee with priority may request return of benefits according to unjust enrichment.The fourth part of the paper based on the comparative analysis of the assignee's priority rules in different countries of the world as well as the international conventions,puts forward its own proposals according to concrete national conditions of China. First, it proposed a principle that notice first, effectiveness priority rule should be applied as the core rule while registration first, effectiveness priority rule as the supplement; second, notice first, effectiveness priority rule should rugulate specific provisions and strengthen the form of notification, certainly attached determined date certificate notification of priority effectiveness; again, to decide which situation to apply registration first, effectiveness priority rule, some specific provisions should be regulated; last, ascertain the rule that when notice first, effective priority rule or registration first, effectiveness priority rule apply,how to prvent the risk if the elements against a debtor and a third party separate.