Research On The Publication System Of Claim Assignment

Claim assignment means a lot to both assignor and assignee.For the creditor,the assignment is one of the ways to prevent the risk and the indispensable financing means.For debtor,the assignment manage to increase the investment choice and to enjoy a more substantial economic interest.In order to maximize both the assignor and assignee's interests,it is desperately important to protect the security of credit assignment and transaction.However,the relativity of credit and the lack of publication system of claim assignment caused the damage of the assignees,including multi-assignment,the conflict of assignee and the third person and so on.In addition,the increasing number of creditor's rights and the expansion of the size of the creditor's rights offer more stringent requirements for the security of creditor's rights and transactions.The revised Measures for the Registration of Pledge of Accounts Receivable provides that the transfer of accounts be included into the existed publication system,which reflects the requirement of the publication system of claim assignment.In order to improve the publicity system of the claim assignment,making analysis of the notice of the Contract Law,comparing with the relative foreign regulations,the article throw out some suggestions about the existing publicity system,which is established by the credit information center.The thesis divides into five parts.The first chapter is putting forward questions,including multi-assignment and rights conflict between assignee and the third person,like the creditor of the assignor.This chapter talks about the necessity of the publication system of claim assignment briefly through the questions.The second chapter talks about the notice system of Contact Law,including the legislative process of the notice and the function and elements of notice.In China,notice is a way against debtor.And the effect of notice is too weak to be against the third person.In third part,the article discusses about different legal modes of the publication system,which includes German,France,Japan,the United State and the United Kingdom,and so on.After talking about these distinctions,this part summarizes the advantages and disadvantages of the separative legal modes.To sum up,the adaptive mode id the registration mode,which is useful to against the third person as well as protecting the security of claim transactions.The forth chapter is the establishment of registration publicity system on claim assignment.Including the necessity and feasibility of registration,and the measures of establishing registration publication system.In conclusion,the article persists that notice cannot be publicity system of claim assignment,and registration is able to take the publication into effect.Although Measures for the Registration of Pledge of Accounts Receivable provides several of provisions about registration,the article points out some advice to improve the existing system.