The Ownership Rules Of The Twice Assignments Of Creditor's Rights

One of the issues in the law of claims is the ownership rules of the twice assignments of creditor's rights.The problem of twice assignment of the claims is not stipulated in our country's contract law,which is inadequate.It is a legal loophole that needs to be filled urgently.Any country or area where the law of claims is perfect should stipulate the issue.The first part of this paper is to introduce the issue to be explored in this article.It lists the judicial cases that occurred in the practice of our country about the twice assignments of claims.By comparing the results of different cases,it is concluded that there is controversy over the ownership of claims in the twice assignment of claims,and the rules need to be established to clarify the ownership of the twice assignments of creditor's rights.The second part discussed the related concepts and reasons of the twice assignment of claims.Because the twice assignments of creditor's rights is a problem under the system of assignment of claims,the concept of assignment of creditor's rights should be defined firstly,including the concession of general assignment of creditor's rights and the concession of narrow assignment of creditor's rights.This article deals with the occurrence of twice assignments of narrow assignment of creditor's rights,and then defines the concept of the twice assignments of assignment of creditor's rights and discuss the forming reasons of the twice assignments of creditor's rights.There are two main reasons,subjectively and objectively.The third part discusses the legal basis of the twice assignments of creditor's rights,including the nature of the assignment of creditor's rights in China's mainland and the external validity of the assignment of creditor's rights.By analyzing the dispute between the doctrine of the nature of the assignment of creditor's rights,the author concludes that the nature of the creditor's rights assignment in China's mainland should adopt the theory of "the behavior of the creditor's rights ";Then the author divided the external validity of creditor's rights into therequirements of against the debtor and the requirements of against the third person other than the debtor,explained these two aspects separately,and discussed the significance of notification to the ownership of the twice assignments of creditor's rights.The fourth part is the legislative example and value measurement of the determination of the ownership of twice assignments of creditor's rights.By differentiating and analyzing the different basic types of comparative law,we can draw a conclusion that it can be divided into“time first,effectiveness priority rule”,“notice first,effectiveness priority rule”,“ registration first,effectiveness priority rule”,then measured the three basic types of value.The three kinds of legislation all existed the advantages and disadvantages,in which I think " notice first,effectiveness priority rule " relative to the other two is more superiority,more fair and reasonable.The last part drew the conclusion that our country's legislature on the twice assignments of the creditor's rights is lacking,and it is urgent to stipulate the issue of the creditor's rights the twice assignments of the creditor's rights from the legislative level.The scholars in China‘s mainland had different opinions on the doctrine of twice assignments of the creditor's rights.Since most scholars agreed with the three basic types of twice assignment of the claims.,the scholars' opinions were not analyzed in detail.Then the author proposed the legislative about the ownership rules of the different types of claims.The ordinary creditor's rights should apply the " notice first,effectiveness priority rule.The reasons for the application are mainly discussed,based on the balance of the interests of the parties and the protection of the assignee.Then the article discussed several situations that apply to the rule,including the cases of notifying at one time,the cases of notifying at the same time,and the cases of the other not being notified.In addition,for creditor's rights that can be advertised in a manner similar to the delivery of movable property or registration of real property,the rule of the "registration first,effectiveness priority rule " is adopted in the twice assignments of claims,that is,the ownership of the creditor's rights is determined through registration,for example,the assignment of accounts receivable may be applicable " registration first,effectivenesspriority rule." At the same time,due to the twice assignment of the creditor's rights involves not only the interests of the assignee,but also the debtor's related risks as well as the interest issues.Therefore,the author also discussed the relevant risk regulations of the twice assignments of the creditor's rights,including liability for warranty against defects of the assignment of creditor's rights,and the superficial assignment of the creditor's rights,in order to make the rules of twice assignment of claims more complete.