The Study On Contracts For The Assignment Of Credit

The change of credit right is the legal effect of the assignment of credit, while the changes of creditor's right and the changes of real right are all changes of right, therefore they should adopt some legal system, consequently, current laws should also adopt the principle of the formalism of creditor's right on the change of credit, in order to build the structure and effect system of the assignment of credit. Meanwhile, there exists "pure debt" in current law and the separation of the purchase of financial asserts. The assignment of such creditor's right, either take causal relationship as the form of the assignment of credit, or take the assignment of credit as the fulfillment of the casual relationship, could not interpret itself excellently.For this reason, this thesis try to recognize again the independence and non-reason of the act of assignment on the credit from the transfer of contract. On basis of improving the definitude or transfer of the contract, judging from contract law, analyzing the transfer of contract, causal relationship, basis relationship and structure between the transfer of credit, to comb the non-reasoning of the assignment credit, set forth the reasoning of the assignment of contract and interpret the validity of the transfer of contract under the special principles of contract law. The effect o the transfer of contract lies in all the elements of civil juristic cuts and fit in with the principle of legal creditor's right, the principle of transferability and the principle of agree. The effect of the transfer of contract is to make the change of creditor's right between two parties of contract and from the assignment of credit, the debt of the transfer contract arises. The problems of the invalidity rescission and dissolution of contracts, on the presupposition that the change of creditor's right has taken place, give explanation on how to use rules of contract law. According to the principle of the formalism of credit and rule of relativism, I stress in the nature and effect rules on notice of assignment and the problem of dual assignment.