Study On The Effect Of Assignment Of Creditor’s Rights On Debtors

With the development of economy,the property attribute of creditor’s rights becomes more and more apparent.The long-standing creditor’s rights transfer system is also constantly adapting to the needs of the development of The Times and improving its efficiency in promoting the prosperity of transactions.However,in addition to the promotion of the circulation of creditor’s rights,the unavoidable problem of the assignment of creditor’s rights is that the debtor is not a party to the assignment contract,so it cannot decide whether and when the assignment of creditor’s rights will happen.It is difficult to know the fact that the assignment of creditor’s rights will happen,so it is obviously in a weak position with the risk of being burdened more,and its interests should be protected.When the assignment of creditor’s right takes effect on the debtor and what effect it has should be made clear systematically.On the theoretical basis,the nature of creditor’s right assignment should be quasi-real right behavior,so as to clarify the complicated legal relationship between creditor’s right assignment and legal right.The effect of the assignment of creditor’s right on the debtor should adopt the notification antagonism,that is,the failure to notify the debtor does not affect the effectiveness of the assignmnent contract and the assignee’s acquisition of the creditor’s right,but the debtor may refuse to perform the assignment to the assignee on the grounds that he has not received the notice and claim that the effect is not effective.The notice of assignment of creditor’s right plays a core role in its effectiveness to the debtor.The arrival of the notice can make the effect of the assignment of creditor’s right apply to the debtor.At this time,the debtor shall perform the assignment to the assignee and has the right to advocate the defense based on the identity of the debt to the assignee.At the same time,in order to make a better judgment of whether a notice is constituted,many elements of the notice,such as the subject of the notice,the time of the notice and the way of the notice,should be clarified.In terms of protecting the interests of the debtor in the assignment of creditor’s rights,the scope of defense of the debtor in the assignment of creditor’s rights should adopt the "new unlimited theory".The defense generated based on the same transaction need not be cut off at the arrival of the notice of assignment.If the debtor gives up the defense,it should respect its free will,but if there is a dispute,it should be interpreted in favor of the debtor.In Article 549 of the Civil Code,the debtor’s right of set-off is divided into two categories.The setting off of independent creditor’s right should be perfected,the setting off of implicated debt should be defined in the scope of "the same contract",and the protection of debtor’s right of set-off should be strengthened in the case of continuous assignment of creditor’s right.The effect of the prohibition of assignment special agreement varies depending on whether the underlying claim is money claim or non-money claim.If the money claim with weak independence is transferred,the prohibition agreement shall take effect when the assignee is malicious.The standard of bad faith of assignee in non-pecuniary claims should be the absence of gross negligence.Under special circumstances,the performance effect of the debtor should be clear,and the performance to the assignee without notice can also eliminate its debt;The assignee system apparently has application space in our country.The debtor is producing performance trust due to being informed and should be protected.It is not necessary to perform twice due to defects in the validity of the assignee itself,and does not require the debtor to act in good faith;In the case of double assignment,the attribution of rights should be determined in accordance with the time when the contract is established,so as to simplify the complexity and conform to the consistency of the change of rights.In this mode,the performance effect of the debtor should be specified based on the different circumstances of the notification of the two assignment.