A Study On The Effectiveness Of Prohibiting Assignment Of Special Interests In Creditor's Rights

The issue of creditor's rights is a matter of great importance both in theory and in practice,and there is a lot of research on it,but the most of the research is the argument that the creditor's rights can be made,and the analysis from the negative point of view is less.Article seventy-nine of the Contract Law of the People's Republic of China stipulates the three situations in which the prohibition of creditor's right is allowed to be commuted,the first two of which are no controversial,and the most important controversial issue is to focus on the case where the parties agree not to allow the transfer of claims,That is to prohibit the grant of special.The prohibition of creditor's rights is that the party of contract promise that the contract can't be transferred.The current controversy is mainly focused on the prohibition of the validity of the concession,that is,the prohibition of creditor's rights.What kind of legal effect the parties have produced.Because claims are related to tripartite relations,the question of effectiveness includes internal and external effects.But there are still many controversies about this issue,whether it is a doctrine or court jurisprudence are controversial issues,has not yet formed a particularly unified conclusion.So it is necessary to analyze this problem.In short,the prohibition of concessions is not a lot of theoretical research,and now is not too mature in a field.However,because the prohibition of concessions is always associated with mortgage,indwelling,assurances and other issues,and the main contract at the same time often associates with the existence of the accessory contract,which makes the problem becomes more important.And the increase in the degree of legal awareness of the people today is also prohibited to allow the development of special areas,and there are many controversial issues that are not resolved,so that in the field of prohibiting the emergence of special problems,and therefore must be more on this issue In-depth analysis makes it possible to find a suitable solution in the event of a dispute.This article will be divided into five parts of the analysis,the first part is to prohibit the granting of the basic issues in the special;the second part is to prohibit the study of the internal effects of special,mainly from foreign legislation,China's legislation;The third part is to prohibit the study of the external effect of the special,with the internal effectiveness of the same point of view;the fourth part is to prohibit the concession of two special problems in the special Analysis;the last part is the summary of this article.Although the academic community has a research on the content of prohibiting the granting of special effects,the study of the effectiveness is not enough.Now the legislation of the effectiveness is still blank,but it still has great research value.The article classifies the internal effects and the external effects,and also studies some emerging areas.It is hoped that the analysis of this paper will allow for more attention to be given to the issue of special issues.