Research On Legal Effect Of Assignment Of Credits

With the development of market economy, the business of assignment of credits is growing up in a high speed, and the practice calls for improvements of the system of assignment of credit. Civil law is the basis of the modern market economy, and that is what the civil shall look after. Although the Contract law has made breakthroughs in this comparing to General Principles of Civil Law, but relevant provisions are still very simple and can not solve the problems in business. Standing on causing the credit to function and the compare of the legislations and theory over the world, this paper proposes some suggestion for the improvement of the system of assignment of credit.This paper is divided into five parts:Chapterâ… is general introduction, mainly talking about the definition and nature of assignment of credit.Chapterâ…¡is the internal effect of assignment of credit. In this chapter, it mainly talked about the transfer of subsequent rights, assignor's liability for warrant of defects, assignor's incidental obligation and the validity of anti-assignment clauseChapterâ…¢discusses the notification. In this chapter, it talks about three questions: (1) who can give notices; (2) the required form of the notification; (3) how to protect the faith interest on false assignment.Chapterâ…£discusses the external effect of assignment of credits. In this chapter, it answers the following questions: (1) the effect of notification; (2) the effect of performance when the credits are assigned by the same person for more than once; (3) the adscription of the credits when the credits are assigned by the same person for more than one times.Chapter V is about how to recover the interests if the assignment of credit is invalid.