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

With the development of commerce,the economic value of creditor’s rights has been discovered continuously,and the prohibition of creditor’s rights transferring has long been a history.As a problem derived from the assignment of creditor’s rights,multiple assignment of creditor’s rights seriously threatens the security and development of creditor’s rights transactions.Under this background,how to solve the ownership problem caused by multiple assignment of creditor’s rights is concerned by all countries.As for the ownership of rights under multiple assignment of creditor’s rights,China’s current civil legislation does not make any provision,but the provisions of the civil code(draft)of the People’s Republic of China involve this issue,which indicates that China has a legislative tendency.In terms of the academic perspective,on the basis of referring to the legislative model of major countries or regions outside the region,Chinese scholars have put forward the following three viewpoints: the first one is the doctrine of alienation,that is,"delegation comes first,rights first";The second view is notificationism,that is,"notice first,right first".Under this viewpoint,according to the basis of the transfer of creditor’s rights,it can be divided into notificatory antagonism and notificatory effectivism.The third view is registration antagonism,that is,"registration first,rights first".There is a gap in the legislation and a lack of effective theory in the academic circle,which leads to the confusion of the judicial trial and even the phenomenon of different judgments of the same case.In addition to the register antagonism,the conveyancing doctrine and the notificationism both appear in the trial practice,and the judge has to face the dilemma that he cannot follow whatever view he takes in hearing such cases.By analyzing the points made in the academic circles and practice in our country and the world main legislative example shows: notice effective socialism is the theory basis of creditor’s rights transfer to notify the obligor effective elements,but the confusion of creditor’s rights and ownership and creditor’s rights transfer of the debtor shall be valid for two layers of legal relationship,and with the current laws against,so no consideration;Registrationantagonism has the strongest publicity,but its scope of application is limited by the current objective conditions and can only be applied to special areas;Both assignor doctrine and notice antagonism have the disadvantages of non-publicity doctrine,but they are more in line with the legal logic of assignor doctrine and the legislative purpose of reducing the transaction cost of creditor’s rights and facilitating the circulation of creditor’s rights.Therefore,this paper follows the principle of "first come,second served",adheres to the principle of alienism as the benchmark rule,and takes into account the development of creditor’s right financing business and the current status of China’s current registration system,gives full play to the publicity function of registration under the existing conditions,and establishes the legislative mode of registration antagonism in the field of receivables transfer.After establishing the ownership rule of multiple assignment of creditor’s rights,the relevant supporting system is set up to prevent the occurrence of multiple assignment of creditor’s rights and the possible risks.In detail,China should give the assignee the right to notify the debtor,which is beneficial to curb the occurrence of multiple assignment of creditor’s rights to some extent.In view of the multiple assignment of the creditor’s right,the debtor may be trappedIn the disputes between the parties,the effectiveness of the debtor’s repayment behavior is clarified through the rules of apparent assignment,so as to achieve the coordination of the protection of the debtor’s interests.