Study On The Ownership Of Creditor's Rights Under Multiple Assignments Of Creditor's Rights

With the promotion of economic development and the exchange and transplantation of laws of various countries,the system of assignment of creditor's rights was gradually accepted from the absolute prohibition at the beginning,until now,it has shown a rapid development trend.However,in the long-term circulation,the system has gradually produced various problems,one of which is the multiple assignments of creditor's rights.The "credit crisis" caused by multiple assignment of creditor's rights has seriously threatened the security of transactions,which urgently needs to be regulated by law.The first problem to be solved is the ownership of creditor's rights.But the legislation of China chose to avoid this problem.Under the background that there are no specific rules and regulations in our country,this paper combines the national conditions of our country and the useful experience of foreign legislation,focuses on the protection of transferee's rights and interests,and explores the ownership rules of creditor's rights and relevant legislative measures that our country should adopt when there are multiple transfers of creditor's rights.Firstly,after summarizing the basic theories of assignment of creditor's rights and multiple assignments of creditor's rights,this paper makes a comparative study on the three rules of ownership of creditor's rights at home and abroad.It finds out the differences between Chinese scholars and courts' opinions and foreign legislation under each rule,as well as the advantages of each country in system design,which lays the theoretical groundwork for the choice of system in China.Secondly,this paper analyzes the legislative exploration on the multiple assignments of creditor's rights in China.Through the interpretation of the current law,it is found that there are some problems,such as unclear rules for the ownership of creditor's rights,uncertain notice time and method,and low level of protection of the transferee.These problems are the focus of the next system improvement.Finally,based on the analysis of the advantages and disadvantages of the three rules,the paper makes a rule selection and system improvement on the issue of the ownership of creditor's rights under the multiple assignments of creditor's rights in China.After careful analysis,this paper concludes that in the event of multiple assignments of creditor's rights,the rule of "notice first,right first" can be applied in China.And further clarify the specific provisions of the notice in the assignment of creditor's rights,and improve the transferee's rights protection and relief mechanism.This paper hopes that through a more complete system design,it can reduce the occurrence of multiple assignments of creditor's rights,effectively protect the interests of the transferee,and solve the situation that there is no law applicable for a long time.