A Study On The Legal Effect Of Notification Of Assignment Of Creditor's Rights

Creditor's rights are transferable as property right.The transfer of creditor's rights refers to the legal fact that the creditor is changed under the premise of maintaining the uniformity of creditor's rights.It can happen according to law or law.Article 80,paragraph 1,of the Contract Law of the People's Republic of China stipulates: "Where a creditor transfers a right,it shall notify the debtor that the assignment shall not be effective against the debtor without notice." Only emphasis shall be placed on the debtor without notice,The nature of the act of notifying the transfer of the creditor's rights,the subject of the obligation to notify,the specific form and contents of the notice and the effect of the notice on the contract of assignment of the creditor's right,etc.The domestic theoretical research and There are many disputes in the judicial practice,at present,scholars in China have not related to the notice of the transfer of creditors to form a unified standard.Simple legislation can not meet the law to deal with and deal with the social and economic life of the complex and volatile situation needs,in-depth and detailed analysis of the summary of the transfer of creditor's rights to regulate the legal acts of this very important significance,in this article,A typical case of disputes arising from non-standard behavior of creditor's right transfer notification is explained briefly,and the problems that need to be discussed are elicited,and the focus of controversy in life is abstracted,thus a comprehensive analysis of notice of creditor's right transfer is carried out.The author starts from the legislative intent and explains the transfer of creditor's right and the transfer of creditor's right,and then makes a simple comparison between the academic viewpoints existing in China,and then conducts an in-depth study on the behavior of notification Analysis,from the main body,form of content,time and behavior to make the nature,including the life of the special exceptions to the practice of a comprehensive summary statement,a more complete presentation of the legal notice of the legal effect of the transfer of creditor's rights.Then,from the domestic and foreign relevant theoretical research summed up and compared to find out the practice of our country with reasonable legislation,to deal with disputes in China to provide a good idea and reference.The following is summary of the status quo of China's legislation and the status quo of the practice of the situation described in the final part of the shortcomings of our country a brief summary after the views put forward.