On The System Of Transferring Creditor's Rights To Publicity

With the deepening of the capitalization of the creditor's rights,the assignment of the creditor's rights gradually presents the characteristics of mass and high-speed flow,which puts forward new requirements for the security of the transaction of the assignment of the creditor's rights.In order to protect the transferee's interests and guarantee the transaction security,the demand for the publicity mode of creditor's rights assignment is more and more intense.In the course of a creditor's right transaction,whether the creditor's right transaction is safe or not is the precondition for the transferee to participate actively.In real life,the problems affecting the security of creditor's rights transaction occur frequently,such as the double or multiple assignment of creditor's rights,as the only external way in the system of creditor's rights transfer-whether the notice of alienation plays a role in publicizing the assignment of creditor's rights.And how to construct the system of transfer of creditor's rights is worth studying.The stipulation of the system of assignment of creditor's rights in the contract Law of our country is a little rudimentary.and Article 80 of which stipulates that ‘if the creditor transfers the right,he shall notify the debtor,The assignment shall not be effective against the debtor without notice.'It only indicates the requirements against the debtor.However,there is no reference to the requirements of the third party other than the debtor,and no guidance has been given to the problem of double or multiple assignment of claims which often arise in life.In this paper,by searching the judgment of multiple disputes over the assignment of creditor's rights between 2009 and 2017,the author makes statistics on the cases,and points out the relevant cases in life to analyze the disputes over the assignment of claims in practice at present.It shows that there is inconsistency in the rules of priority judgment in the double or multiple transfer of debts in our country at present,which will hinder the circulation of creditor's rights and invigorate the whole creditor's rights trading market.Although China currently has the ‘Registration method for Pledge of accounts Receivable',this is only to tie in with the pledge system of accounts receivable in the ‘Real right Law'.It does not mean that our country has set up the system of assignment of creditor's rights and publicity of creditor's rights.Therefore,the author thinks that under the national conditions of our country,we should draw lessons from the legislation idea of the system of assignment of creditor's rights outside our country.Based on the analysis of the creditor's rights and the legislative pattern of the major countries and regions in the continental law and the United States legal system,this paper draws a conclusion that most of the countries and regions in the civil law system and the common law system are converging to the registration system of the assignment of creditor's rights.The benefits of the system for the development of the creditor's rights market in China far outweigh the disadvantages,which are not only conducive to the mass transfer of the collective creditor's rights,but also to the tripartite interests of the transferor,the transferee and the debtor,as well as to the security of the transaction.In order to promote the vigorous development of the creditor's rights market,this paper puts forward the basic idea of constructing the system of transferring and registering the creditor's rights,which is to adopt the dual registration system to define the scope of compulsory registration of the assignment of the creditor's rights,to delimit the notarization node of the creditor's rights with reference to the amount of the subject matter of the creditor's rights.Unifying the form of notice of assignment of creditor's rights,incorporating the registration of transfer of accounts receivable into the system of transferring and publicizing the creditor's rights,and doing a good job of stripping.