Research On The Validity Of Credit-assignment And Notice

Since the emergence of creditor’s rights, researches on creditor’s rights have not been interrupted. When the first person found that creditor’s rights can be traded, the door of credit-assignment was opened by human beings, and people are amazed by its mystery and charm. However, creditor’s rights have strong personality, how to protect the security of creditor’s rights in the promotion of a free flow of transaction is a matter and has been a concern in the legislative process.Although our “ Contract Law ” has special regulations on creditor’s rights, compared to other countries in the world which have mature and complete system of credit-assignment, the legislation of our country has many shortcomings. There are no detailed and specific rules which causes inconvenience for legal practice. There are many problems cannot be solved, for example, when is the effectiveness of credit-assignment from the assignor to the assignee; who is the owner of creditor’s rights under multi-assignment condition; the validity, time and procedure and other issues of notice of creditor’s rights are not specified.This article analyzes the validity of credit-assignment and the notice, and altogether is divided into four chapters, except the introduction and conclusion.The first chapter mainly studies the concept of credit-assignment. This part defines the scope of credit-assignment, distinguishes contract and behavior, and makes a brief introduction of the development of credit-assignment. By comparing each country’ legislation, credit-assignment is a factual action and has no intention and does not have independent legal significance. Its real essence is a performance, thereby laying the legal foundation for the entire article.The second chapter mainly studies the notice of credit-assignment. By comparing the legislation of civil law and common law and analysising the legal status and legal nature of notice, the matters such as the notifying party of the credit assignment and the legal form of such assignment.The third chapter mainly studies the validity of the notice to the debtor. By comparing the strengths and weaknesses of doctrine of notice and debtor, concludes that combined with China’s actual situation, we should adopt the notification doctrine.The fourth chapter mainly studies the validity of the notice to the third party except debtor. Centering on multi-assignment, this part recommends and analyzes the status of different transferees under multiple-assignment under the rules of time priority, notice priority, register priority in the civil law system and common law system and comparing the advantages and disadvantages of the aforementioned rules, finally giving some suggestions on solving our country’s multi-assignment problems.