A Study On The Effective Rules Of Assignment Of Creditor's Rights

In recent years,there have been a large number of cases of transfer of claims in judicial practice.In the cases,it is necessary to determine when the assignee has obtained the creditor 's rights.In cases involving third parties,the effectiveness of the creditor 's rights obtained by the assignee against the third party must also be determined.China 's legislation does not clearly stipulate the effective rules for the assignment of creditor 's rights,and scholars are mainly devoted to the research on when the creditor 's right is effective for the transferee,and there is a lack of research on when the creditor 's right is effective for third parties.This article starts with the structure of the transfer of creditor's rights,and first discusses when the transfer of creditor's rights takes effect to the transferee.On this basis,the method of legal interpretation is used to interpret the notice of the creditor as the transfer of the creditor's right to the debtor and the first.The basis for the three people to take effect has solved the problem of multiple transfers of creditor's rights and perfected the rules for the external effect of creditor's transfer.The article consists of three parts.The first part is the process of proposing case issues.The four cases in the article are all cases of transfer of creditor's rights.In this case,the assignee applied to the court for an objection to the objection of the outsider.The court's judgment on this type of case is quite different.There are two rational reasons for when a person obtains a creditor's right,one is that the assignee obtains the creditor's right after the transfer contract takes effect,and the other is that the assignee obtains the creditor's right after the creditor has notified the debtor;The basis of when a creditor's claim takes effect for a third party is also different.Some courts use the creditor's notice as the basis for the creditor's concession to take effect against the third party.Some courts believe that the creditor's right obtained by the assignee directly has effect on the third party.The controversial focus of the case leads to two issues that need to be resolved in the case of the transfer of creditor's rights,one is when the transferee obtains the creditor's right,and the other is when the transferee's creditor's right takes effect against the third party.The second part is the discussion of the two issues raised in the article.At present,the academic circles have formed three mainstream theories on when the assignee obtains the creditor's right.Advantages and disadvantages.The transfer of creditor's rights involves the transferee,the third party,and the debtor's three parties.No matter which theory should fully balance the interests of the above-mentioned entities,the process of the transfer of creditor's rights should also conform to the pattern of property rights changes in China.The legislative examples of various countries all determine that the assignee obtains the creditor's right after the transfer contract takes effect,and the domestic rules for the transfer of domestic creditor's rights are no exception.When the transferor contract becomes effective,the transferee obtains the creditor's right,but the transferor contract has a relative There is no way to publicize the transfer of creditor 's rights to the third party,and the creditor 's rights obtained by the assignee cannot directly have effect on the third party.China 's “Contract Law” does not clearly stipulate the effectiveness of the creditor 's rights obtained by the assignee against the third party,It is a legal loophole.For the third party who may become the assignee,the creditor's notice can reduce the third party's transaction risk,which is beneficial to the bona fide third party,and the creditor's notice can be interpreted through the purposeful expansion explanation.To protect the interests of third parties,without the creditor's notification to the debtor,the assignee's claims cannot have any effect on the third party.After this interpretation,it will have a beneficial effect on the assignee,third party,and debtor,which is beneficial to the creditor's right.The circulation and settlement of the debt will solve the problem of multiple transfers of claims.The third part is to improve the suggestions on the transfer of creditor's rights.In order to improve judicial practice,the legislation should directly stipulate the rules for the transfer of creditor's rights.In the course of judicial practice,the process of the transfer of creditor's rights should be divided into internal effective In order to fill the legal loopholes through the purpose of expansion of interpretation to explain Article 80 of the Contract Law,to improve the effectiveness of the transfer of creditors' rights to third parties,and to recommend the Supreme People's Court to introduce guiding cases to guide judicial practice.