Legal Effects Of Superficial Assignment In Creditor’s Rights

Creditor’s rights were deemed as ’Law-lock’ and closely related to people inAncient Rome. With the development of economic society, especially after bourgeoisrevolution in Europe, the property of creditor’s rights started to be confirmed in civillegislation and got gradually more vantage point than real right in market economy. Indaily economic affair, assignment of creditor’s rights was common since it could helppeople to circulate funds and took back creditor’s rights quickly. As a result, as a kindof system to keep effectively resource’s allocation and promote the wealth’smaximization, it was widely transplanted in the world. Although now creditor’s rightsare advocated, some kinds of them can not be assigned due to their characters andrelated laws. In China, people think that assignment of creditor’s rights is a kind ofexternalization and effectiveness condition of contract of creditor’s rights, so it isregrated as a kind of fact behavior. Contract of creditor’s rights assignment is set upbetween assignor and assignee and bring a influence to the original obligor who isthird party facing the both sides in the contract, so assignment notice is a must, fromwriter’s points for which, assignee will take place of assignor and be debtor’s creditorin original contract. In a certain extent, the system of creditor’s rights assignmentpromotes a new level to deal with property freely and protect assignee’s benefits. Inmost of countries, creditor transfers rights need not obtain debtor’s agreement andnotice only is viable after finishing assignment contract. But in that case, debtor’sbenefits will be limited and status will be in the weakness.’On the one hand, creditor’snotice is of constraint force to himself after assignment of creditor’s rights, even if theassignment does not happen or is invalid from some reasons. On the other hand, thedebt will be relieved when debtor pay to new creditor. Although assignment ofcreditor’s rights is not a fact, the paid is still valid. The system is named superficialassignment of creditor’s rights, superficial assignment in short.’ The system willbalance interest inflict, equate every one’s rights and obligations in assignment ofcreditor’s rights, keep better development of creditor’s rights assignment system andhelp better debtor to choose system for protecting his benefits. The system of superficial assignment is set up in Germany and Taiwan. In view of the importanttheoretical value and practical significance of the superficial assignment system,building of which in civil law and contract law’s revision are of common view ineducational circles. So writer hope that the study and illustration on superficialassignment of creditor’s rights in the paper will be helpful to legislative and judicialactivities.There are five chapters in the paper. The first chapter is named ’Summary ofassignment system of creditor’s rights’. Writer will use five sections to summarize’Law-lock’ character of creditor’s rights in Ancient Rome, to show confirmation ofcreditor’s rights’ product attribute and to indicate the building of assignment system ofcreditor’s rights in all countries’ laws. The free assignment of creditor’s rights is acommon condition in present economic life, though there are some restricted causesin law. There are the relationship and difference between assignment of creditor’srights and assignment contract of creditor’s rights, the forming and execution ofassignment contract of creditor’s rights and notice time of assignment notice is just thetime of creditor’s rights’ transference.The second chapter mainly illustrates ’the theoretical basis of system of superficialassignment.’ superficial assignment is a kind of system’s choose to balance Static anddynamic of assignment of creditor’s rights. It protects more debtor’s benefits. Thereasons that assignor undertakes the adverse law consequence are to let debtor obtainreasonable trust and to affirm the imputation of the notice.The third chapter will investigate superficial assignment by comparing relatedlaws of Germany and Taiwan.The fourth chapter will have a analysis on superficial assignment under multipleassignment. The key point is to confirm the time during the process of creditor’srights’ transference and priority rule of notice under multiple assignment.The fifth chapter mainly shows that legal compose and effect of superficialassignment, in which writer will illustrate constitutive requirements of superficialassignment, the legal effect between assignor and assignee, the legal effect betweennew creditor and debtor and the legal effect between assignor and new creditor.