Right Adscription From The Perspective Of Multi-assignment Of Creditor's Right

As Macleod,an economist,once said,“If we asked who is the most profound influence person on the social wealth for people? After thinking,we will not hesitate to answer-is the first to find that debt can become a commodity trading."Modern transactions are no longer confined to physical transactions.As a kind of intangible property and a kind of transaction object,the creditor's right is becoming more and more concerned.With the prominence of the value of the creditor's right,the property of the creditor's right is becoming attached importance,and the security of the creditor's right is higher and higher.The multiple assignment,as a threat to the security of creditor's right,it is clear to violate the honest principles of civil law,and is contrary to the security of transactions,the steady development of economic and social order.This problem has not only come into people's daily life,but also has aroused great attention from the civil law academia.How to solve the problem of creditor's right,define the ownership of the multiple assignment of creditor's right,balance the interests between the parties to the creditor's right and maintain the stable and orderly economic life is becoming more and more important.Therefore,under the background of the amendment of the civil law,the research tries to solve the problem of multi-assignment of creditor's right,hopes that arise the attention of the legislators to the problem of multi-assignment of creditor's right.Under the opportunity of improving the legislation of civil law,to fill the loopholes in the legislation of our country,find the road to the legislation that is conducive to the assignment of creditor's right to promote the realization of creditor's right function.This article adopts the method of jurisprudence,comparative law and practical research to study the ownership of the multi-assignment of creditor's right.Based on the present situation and practice of legislation in our country,the legislative status of the problem of multi-assignment of creditor's right in our country,and in the comprehensive analysis of foreign advanced legislation experience on this issue to draw the lessons and enlightenment to improve legislation of our country's multi-assignment of creditor's right.Under the premise of improving relevant legislation,to propose advise of establishing the system of multi-assignment of creditor's right which in accordance with the national conditions of our country or the rules,to guide the healthy and orderly development of the assignment of creditor's right.This thesis is divided into five parts to elaborate the problem of the right of the creditor's right under the multiple assignment of the creditor's right:The first part is the abstract.It includes the background,significance,research status at home and abroad as well as the research methods and innovation points to lays the foundation for the writing of the whole article.The second part is an overview of the basic theory and general problems of the right to belong to multi-assignment of creditor's right.Based on the concept of the creditor's right of the narrow sense,from the perspective of economics and law,to analyze the reasons for the multi-assignment of creditor's right.In the base of contrasting the main countries of the two legal systems on the transfer of debt and the multiple assignment system and the development process of legislation,combining the system of creditor's right assignment and the legislation of our country,to define and discuss the problem of multi-assignment of creditor's right,to provide theoretical support for the construction and perfection of the system of multi-assignment of creditor's right in our country.The third part is mainly for the comparative law of the right to the multiple assignment of the creditor's right.Analysing the main representative legislative provisions of the two major legal systems,and the International Convention to sum up that it mainly to take three kinds of rules or systems to solve the problems in the world or the regions.On the basis of analyzing and comparing the advantages and disadvantages of the three main rules,we can draw lessons from the experience of dealing with the problem of multi-assignment of creditor's right to adapt to the situation of our country.The fourth part is about the current situation and problems of the ownership of the multiassignment of creditor's right in our country.On the base of analysing the legislative provisions and disputes of the ownership of the multi-assignment of the creditor's right in China,It can be summarized that the main problems of multi-assignment of creditor's right in legislation and practice in our country is that:the rules of the right is not clear,the protection of the interests of the transferee in the assignment of creditor's right is low,the transfer time of creditor's right is not clear,the elements of the third person to fight against the creditor's right is not clear.That bases for perfecting relevant legislation and constructing the system of multi-assignment of creditor's right and solving the problem of multi-assignment of creditor's right.The fifth part puts forward the legislative suggestion of perfecting the system of to the multi-assignment of creditor's right in our country.On the basic of Chinese situation,selecting the rule of "first notice of prior right" to solve the problem and raising the suggestion establish the system of multi-assignment of creditor's right.At the same time of improving the current legislative provisions,designing legal regulation measures for multi-assignment of creditor's right,reducing the risk of multi-assignment of creditor's right,provide legal support for the occurrence of the problem,having law to solve the problem,so as to promote the construction of the society ruled by law.