Study On The Rules Of The Twice Assignment Of Creditor's Right

From the view of the current civil law of our country,the provisions of the priority of the assignment of the creditor's right and the twice assignment of the creditor's right are not clear.As a result,with the development of the transfer of creditor's rights and related transactions in real life,the twice assignment of creditor's right has become an unavoidable problem in judicial practice.There is a loophole in the law that needs to be filled and repaired by the necessary means of interpretation,otherwise the law will not be used.The twice assignment of claims involves multiple interests.The setting of rules not only concerns the interests of the litigants,but also involves the certainty and transaction safety of the assignment of creditors' rights.This paper is divided into four parts.Based on the case of twice assignment of claims in judicial practice,the reasons for the problem of creditor's assignment and the blank of current law are analyzed.It also explores the effect of twice assignment of creditor's rights and compares some priority rules of comparative law,so as to put forward some useful rules to deal with the twice issue of creditor's rights.The first part of this paper is mainly about the discussion of the twice assignment of creditor's rights.From the case of practice,this paper analyzes the causes of the twice assignment of creditor's rights and puts forward the necessity of regulating the twice assignment of claims.The author believes that the emergence of the twice assignment of creditor's rights is rooted in the particularity of the transfer of creditor's rights in the external effect,that is,the system of public indication that is not the same as the change of real right.The transfer of creditor's right is lack of the necessary "publicity",so it may lead to the occurrence of malicious collusion between the assignor and the assignee.At the moment of the twice assignment of the creditor's right,the blanks in the rules of dealing with this problem in the current civil law of our country are worrying.At the same time,in order to better comply with the trend of securitization of creditor's rights and promote the orderly and secure transaction of creditor's rights,it is also necessary to strengthen the regulation of twice assignment of claims.The second part of this paper uses a typed perspective,focusing on the notice of assignment of creditor's right,and differentiating the effectiveness of the twice assignment of the creditor's right under different circumstances.The author thinks that the handling rule of twice assignment of creditor's right must relate to the internal and external effects of theassignment of creditor's right,because it determines the final ownership of creditor's rights,which is also the interest concern of all parties.However,the contract law of China does not stipulate the effect of twice assignment of creditor's rights.It can only be explained by the provisions of articles eightieth to 83 of the existing contract law.The key to the internal effect of dual assignment of creditor's rights is whether the original creditor has the right of disposition when he twice transfers,which also involves whether the creditor's right can be applied to bona fide acquisition.In the twice assignment of creditor's rights,great possibility arises that the original creditor collusion with the debtor to damage the first transferee,and the unjust enrichment system also plays a role.In the third part,we adopt the comparative method to investigate the rule of twice transfer of the right of domain debt,and measure the value and balance the interests on the basis of the three rules.Generally speaking,there are three types of notional counterparties,namely,notification confrontation,transfer priority and registration priority.The author thinks that these three treatment rules are formulated from the considerations of avoiding the assignment of creditor's rights and increasing the debtor's burden and protecting the rights and interests of the prior transferee.Only by balancing the rights and interests between the debtor and the obligee and the transferee,can we really handle the twice assignment of the creditor's right.As far as the judicial practice of our country is concerned,there are many cases of adjudicatory preference and the case of adversary doctrine.The fourth part of this article focuses on the construction of the rules for the treatment of the twice assignment of creditor's rights.Based on the provisions of the current civil law in China,based on the identification of the nature of the assignment of creditors' rights and the rules of extraterritorial priority,the author puts forward the handling rules that are in line with the needs of judicial practice in China.The author believes that: in the transfer of creditor's rights,there is an important legal principle that has to reasonably increase the debtor's performance burden.This can also be summed up as a value orientation of "priority protection of debtors" in the case of twice transfer of creditor's rights.The complexity of the twice assignment of creditor's right lies in the fact that it is impossible to regulate it through a simple rule of handling.In the assignment of priority "in order of arrival" as the base of rules,and increase the creditor superficial assignment system and deposit to debtor protection around the rules,perhaps more can straighten out the priority of all parties in twice cession.The purpose of this paper is to protect stakeholders in the assignment of creditors' rightsand to draw lessons from several priority rules based on critically,and to set up rules for dealing with the issue of twice assignment of claims,in order to respond to and provide references for judicial practice.