Research On The Multiple Assignment System Of Creditor's Rights In China Under The Background Of Factoring Contract Legislation

Creditor's rights transfer means that the original creditor and the assignee enter into a creditor's rights transfer contract,and the assignee replaces the original creditor to become the new creditor.With the identity of the contract relationship maintained,the contract's rights and obligations have not changed,only the subject Changes.Articles 79 to 83 of China's "Contract Law" regulate the transfer of creditor's rights,and the "Civil Code",which is being compiled,has also updated the system.However,neither the "Contract Law" nor the "Civil Code(Draft)" that has been promulgated has provided for multiple assignments of creditor's rights.Although the Civil Code(Draft)adds a chapter on “Factoring Contracts” to the contract compilation,and clarifies the order of the factor's compensation when creditors of receivables enter into multiple factoring contracts for the same receivable,that is,first Using theregistration as the standard to determine the priority repayment factor,if the registration cannot be determined,the notification is used as the standard to determine the priority repayment factor.If the notification cannot be determined,each factor will be settled according to the proportion of receivables.However,this rule cannot be applied to multiple assignments of general creditor's rights.First,the registration and registration system does not include the general assignment of creditors' rights.The transfer of accounts receivable in factoring business is a commercial activity,not an ordinary transfer of civil claims.Moreover,if the subject of general creditor's rights transfer is a non-monetary creditor's right,the possibility of registration is greatly reduced,and even registration is impossible.Secondly,the scope of the issuer of the notice of transfer of accounts receivable is larger than that of the general issuer of the notice of transfer of creditor's rights.In the transfer of general claims,the issuer of the notice of transfer is only the original creditor and does not include the assignee.Article 764 of the(Draft)stipulates that the subject of the notice of transfer of receivables may also be a factoring agent,that is,the assignee.Therefore,the scope of the notice of transfer of accounts receivable is greater.Finally,the factoring priority rules themselves are flawed,including the failure to identify new creditors;the factoring priority rules ignore the subjective good and evil of the post-factors;in the dark factoring business,The receivables are transferred repeatedly,and the factorer can only pay off in proportion.These defects also lead to the inability to deal with the factor priority rules when multiple assignments of general claims are made.It can be seen that the relevant factoring provisions cannot be fully applied to solve the problem of general creditor's rights transfer.At present,there is a lack of provisions on multiple creditor's rights transfers.As a result,when multiple creditor rights transfers occur,the judges of the court still face " Can rely on " situation.This article starts with the historical evolution of creditor's rights transfer,and analyzes the development of creditor's rights transfer,and the court's handling of multiple creditor's rights transfers.By sorting out the different viewpoints of the academic circles in China,the time when the creditor's rights are transferred is determined,and the conclusion is derived based on this.When multiple creditor's rights are transferred,the creditor should be signed between the assignor and the assignee.The time of assigning the contract is to determine the true right holder,that is,"the first to be assigned,the right to be first." At the same time,by comparing the provisions of extraterritorial law on multiple assignments of creditor's rights,we can grasp the legislative trend of this issue in foreign countries,and more surely give priority to the first,right first.The impact of general creditor's multiple assignments and the enlightenment gained from it,and I hope that through combing,we can learn from the multiple creditor's assignments system.The thesis is divided into four chapters:The first chapter discusses the evolution of creditor's rights transfer and the emergence of multiple assignments in China.Starting with the emergence of the creditor's rights transfer system in Roman law,and explaining the evolution of the system in continental Europe,it can be concluded that countries have experienced stages of development from disapproval to recognition of creditor's rights transfer,and eventually actively legislated to resolve Problems in the assignment of claims.Then we cut into China's actual creditor's rights transfer system.By combing the legislation and judicial practice,we can see the deficiencies of China's related legislation and the different views of the courts.The second chapter discusses the factoring priority rule determined by the “factoring contract” for the repetitive transfer of receivables.It sorts out the three-tier standard of the rule and makes it clear that the rule cannot be applied to multiple claims due to many reasons.Give in.The factor priority rule cannot be applied to the general assignment of multiple claims.This leads to the need to settle the transferee's priority rules when multiple assignments of general claims occur.To clear the priority rules of the assignee,first To determine the ownership of multiple claims,the key to determining the ownership of the claims lies in clarifying the time of transfer of the claims.Chapter Three starts with this issue,and compares the two theories of "declaration of creditor's rights assignment" and "the theory of assignment of creditor's rights",and draws conclusions in support of the latter.Based on this,the "notice first,rights first" model and the "grant first,rights first" model are analyzed,and the assignee who first signed the creditor's rights contract was given creditor's rights and priority to be paid.The fourth chapter combines the legislation of factoring contracts in the "Civil Code(Draft)" contract,to explain the impact of the new factoring contract,that is,the dual-track situation on the multiple concessions of creditor's rights.The dual track situation is difficult to solve the problem of multiple cross-concession of creditor's rights.In addition,the reform chapter also discusses the enlightenment of factoring contract legislation to solve the problem of multiple concessions to general creditors.