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The Ownership Of Twice Assignment Of Credit Rights

Posted on:2021-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:D H ZhuFull Text:PDF
GTID:2416330623967134Subject:Law
Abstract/Summary:PDF Full Text Request
For twice assignment of creditor's rights,Although Assignment's prior in order can protect first assignee's prior right,but ignore notification is necessary for obligor.And lacking of appearance feature makes prior right stay an unstable situation.So contract order's prior can not be implemented to reality.In the pattern notification as effect requirement,the man who deliver notification finally will destroy order's just.And the features notification has makes it can not attain the level of publicity.So the way notification as credit assignment has deadly fault.Publicity in credit assignment will better be register or certification's externalization.But law has not enough rules about register in this question,so choose register system maybe is creating law.United mortgage right and some special right in rem,it means becoming effective in contract and added some extra conditions' model is existed.And this model accords the logic lifting light to know weight.So choose notification as debt's achieve to a confrontation factor,but also don't ignore order's prior as fundamental situation,give it the possibility to be confronted and chance to make delay,accelerate their awareness to notice,achieve risk and interest's balance,to protect participant's goodwill,finally can solve the problem who will own the credit right.
Keywords/Search Tags:Credit Assignment, Publicity, Notification, Rights confrontation
PDF Full Text Request
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