The System Of Creditor’s Right Apparent Assignment Cored On Protection For Reliance Interests

The system of creditor’s right about superficial assignment which takes reliance interest protection as the core refers to the creditors who is not practical for transfer under the condition,because of their behavior,it makes the debtor has a reasonable trust that the creditor’s rights have already completed the transfer.This situation needs the protection of law,it plays a positive role in two aspects that protect the interest of the debtor’s trust and promote the transaction security.The study of this problem has a very vital significance.This article makes the system of creditor’s right about superficial assignment which takes reliance interest protection as the core as the research object.Its goal is solves somejudicial problem and promote legislative ability to propose some useful suggestions and assistance,through the study of basic theory of the system of creditor’s right about superficial assignment which takes reliance interest protection as the core.The first part of this article introduces the topic of discussion through a case.The second part introduces what is the system of creditor’s right about superficial assignment which takes reliance interest protection as the core.The third part is the core of this article.This part introduces what is the reliance interest,how to classify and the relationship between it and the system of creditor’s right about superficial assignment which takes reliance interest protection as the core.In the mean time,the problems about the reliance interest are analyzed in this part.The fourth part through the comparative study method introduces the Germany and Taiwan’s laws and regulations.The last part summarizes the views on the front,and raises the system value and the legislative proposal which set up in code civil that will be set up in the future.Listing relevant cases which is the most outstanding characteristics about the research method in this paper.Through these cases,we can understand the practice effect of the system of creditor’s right about superficial assignment which takes reliance interest protection as the core directly.At the same time,it also can enrich the content of the article.Through the research and analysis,we can summarize the four conclusions.First,debtor can protect their interest by the system of creditor’s right about superficial assignment which takes reliance interest protection as the core.Second,the debtor ’s subjective good or evil is not relevant to the system of creditor’s right about superficial assignment which takes reliance interest protection as the core established.Third,notice of assignment is the source of the reliance interest.Notice of assignment can be revoked,in the case of satisfying certain conditions.Fourth,it must satisfy some standards when the debtor trust to the inform.Therefore,some specific requirements are put forward by law to the notice of assignment.Based on the above research results,the author thinks that to set up the system of creditor’s right about superficial assignment which takes reliance interest protection as the core is in the legislative tend.In the future legislation,we can draw lessons from Germany and Taiwan’s legislation experience,and according to the situation of our country to innovate.Setting up the system of creditor’s right about superficial assignment which takes reliance interest protection as the core will protect the creditor’s rights transaction security and convenient sufficiently.