Notice Of Credit-assignment In Multiple Assignments Of Creditor's Rights

Although Contract Law has stipulated system rules about the assignment of creditor's rights,but it has not stipulated the multiple assignments of creditor's rights.In this paper,the author analyzes the common theory in China and different theories in different legal systems about the multiple assignments of creditor's rights and expresses the problems in benefit distribution and the control of risk,and uses the notification of assignment of creditor's rights as the breakthrough,and combines with the specific case,emphasizing the risk prevention and the balance of benefit distribution,taking the notification as the requirement of validity of the assignment of creditor's rights other than the rivalry conditions to the credit.This can not only reduce the multiple assignments of creditor's rights,but also in keeping with Chinese legal system.The paper is divided into five parts.The first part is an overview of the assignment of creditor's rights.The author thinks that the study of multiple assignments of creditor's rights should start from its upper concept,the assignment of creditor's rights,and explore the essence of creditor's rights,which can make a reasonable explanation of the multiple assignments of creditor's rights.The second part analyzes the nature of notification of assignment of creditor's rights,by making comments of different theories and concluding that the notification should be the unilateral legal act of the credit.The cognizance of this nature is in favor of the construction the effect of notification in multiple assignments of creditor's rights,and is more accordance to Chinese legal system.The third part gives an forward explanation to the subject and form of the notification.In the theory of unilateral legal action,the subject could only be the creditor,but the form is not demanded,it is an informal legal action.The fourth part is inspect of the influence of notification to the multiple assignments of creditor's rights from the comparative law.As China has no legal provisions to stipulate the multiple assignments of creditor's rights,so the author learns from the comparative law,analyzing different law system countries' legal provisions about the notification and its effect to the multiple assignments of creditor's rights,concluding that the notification should be the requirement of validity of the assignment of the creditor' rights in Chinese legal system,which is called "the notification decides the assignment of creditor's rights".The fifth part analyzes" the notification decides the assignment of creditor's rights"specifically.By comparing with the common theory,the paper demonstrates the advantage of"the notification decides the assignment of creditor's rights".Combines with the specific case,explaining that the theory can achieve a better equilibrium in the multiple assignments of creditor's rights.Finally draw the conclusion,the author thinks we should amend the stipulation about the Article 80 in the Contract Law and take the notification as the the requirement of validity of the assignment of creditor's rights,which can make a better judgment of the multiple assignments of creditor's rights and can keep completion and unify in legal system.