On The Ownership Of Rights Under Multiple Assignment Of Creditor's Rights

In today's society,with the property value of creditor's rights gradually rising,the property function of creditor's rights is increasingly valued by more and more people.Therefore,people have higher requirements for the security of the assignment of creditor's rights.Nowadays,the problem of multiple assignment of creditor's rights has become a factor threatening the security of assignment of creditor's rights,which is related to the security of transaction of creditor's rights,impacts the stable development of economic order and social order,and even affects people's daily life.It can be seen that it is urgent to balance the interests of the parties by solving the ownership of multiple assignments of creditor's rights.Therefore,in the context of the current revision of the civil code,this paper will study and discuss the ownership of rights under the multiple assignment of claims,hoping to arouse the attention of experts and scholars on the multiple assignment of claims,and to fill in the gaps and loopholes in legislation under the opportunity of improving civil legislation,so as to make the system of multiple assignment of claims clear and orderly implemented,so as to promote The function of entering creditor's rights is better realized.This paper takes the methods of legal hermeneutics,comparative law and investigation practice to deeply explore the ownership of rights under the multiple assignment of claims,and based on China's national conditions,combined with China's legislative status and social development status,points out the existing problems in the multiple assignment of claims,and summarizes the foreign countries' choice of three traditional rules So as to provide enlightenment and reference for improving the legislation of multiple assignment of creditor's rights in China.This paper is divided into five parts,roughly as follows:The first part:the introduction part describes the background and significance of the topic,summarizes the research status at home and abroad,and introduces the research content and research methods used in this paper,which lays the foundation for the writing of this paper.The second part:it summarizes the related systems of multiple assignment of creditor's rights.It expounds the concept,constitutive requirements,causes and related concepts of multiple assignment of creditor's rights from two aspects:assignment of creditor's rights and multiple assignment of creditor's rights.The third part:this part sums up and analyzes the current situation and existing problems of the legislation on the ownership of rights under the multiple assignment of creditor's rights in China,and sums up the current legislative situation from the general principles of civil law,the contract law and the draft civil code,and summarizes the main existing problems,such as the unclear rules of the ownership of rights under the multiple assignment of creditor's rights,the lack of the ownership of the transferee and creditor The protection system of interests.The fourth part:according to the way of classification,it analyzes the legislative provisions of Germany,France and Japan,Britain and the United States on this issue,summarizes the three traditional rules adopted by the representative countries of the two legal systems to solve this problem,and summarizes the enlightenment for China to deal with the problem of multiple assignment of creditor's rights.The fifth part:put forward the suggestion of perfecting the system of the ownership of rights under the system of multiple assignment of creditor's rights in our country.On the basis of the application of "notionism" in legislation,use other relevant legal measures to reduce the probability of multiple assignment of creditor's rights,provide a strong guarantee for the security of creditor's rights transaction,and make the solution of multiple assignment of creditor's rights have laws and systems to follow,so as to Promote the stable and orderly development of China's legal society.