On The Effect Of Assignment Of Creditor's Rights

Creditor's rights transfer system is an important part of civil law,creditor's rights can free transfer because the needs of economic development,free of the person is dependent and strict relativity,early in the process of transfer promoted the increase of wealth and circulation.In today's rapid economic development,creditor's right transfer not only occurs between individuals,but also occurs frequently in the banking and financial fields,playing an important financing role.The success of the trade is often not plain sailing,in the process of the actual transfer of creditor's rights will have all kinds of disputes,although our country contract law has made special provisions for creditor's rights transfer system,but for the future of creditor's rights transfer,the case such as multiple transfer of creditor's rights and made no mention of,there are no clear rules such problems in the practice of life can reference,unfavorable to the unity of the actual operation and the protection of the legitimate rights and interests.Paper from the perspective of the effectiveness of the creditor's rights transfer with assignment of creditor's right,factoring in the problems and the future creditor's rights transfer case analysis and exploration of national legislation and the main theory,realization of creditor's rights transfer effect theory and the practice work closely with discussion.This paper is divided into four parts.The first part briefly introduces the concept of assignment of creditor's rights.The default of this paper is to start under the assignment of contract creditor's rights.By comparing the creditor's right behavior theory represented by France with the quasi-real right behavior theory represented by Germany,this paper is more in favor of the creditor's right behavior theory.In today's rapid economic development,the creditor's right behavior theory is more in line with the requirement of efficient completion of transactions.The second part of the article focuses on the effectiveness of the notice of assignment of creditor's rights.Notify the behavior not only be clearly stipulated in the articles,and is an essential link in the process of creditor's rights transfer,the creditor's rights transfer notice is the important condition of creditor's rights transfer behavior produce binding to the debtor.The assignor of the creditor's right enjoys the right of notification,and there are different views on whether the assignee can become the subject of the notice of transfer of the creditor's right.Comparative analysis is made on the views of the double assignment of creditor's rights and the three points of view to determine the advantage and feasibility of notificationism.The effectiveness of irregular notification in factoring is discussed.The third part of the article mainly analyzes the future assignment of creditor's rights and the partial assignment of creditor's rights,Whether the future creditor's right is transferable or not,what effect will the future creditor's right have on the parties?Part of the assignment of creditor's rights mainly combines with the separation of creditor's rights in the P2P platform of Internet finance.The fourth part of the article discusses the prohibition of assignment and assignment of creditor's rights.Prohibited to engage by special arrangement is invalid,and effective against three legislative modes,through to our country judicial practice case collection and investigation,the judgement of the court can see the more inclined to take this invalid,think in violation of the party forbids to special creditor's rights transfer absolutely invalid,the disadvantages of this view is that the lack of awareness of the bona fide claims the assignee.After the main contract of creditor's rights transfer,the original the arbitration clause in the contract,directly to the assignee of the rights of the creditor to take effect,and in this case,the validity of the arbitration clause should be how to determine and no legal provisions.According to the rule of automatic transfer,the arbitration clause in the contract which does not involve the aspect of human nature may automatically transfer with the original contract and continue to apply.