Improvement Of The Notice Procedure For The Transfer Of Creditor's Rights

The notice of transfer of creditor's rights is an indispensable element of the creditor's rights transfer system.According to Article 80 of the Contract Law: “If the creditor transfers the right,the debtor should be notified”.Obviously,the law only stipulates the creditor's notification obligation,but for the creditor's right.The contents and methods of the transfer notice have not been specified in detail.At present,the academic circles do not agree on the content of what the creditor's rights notice should have,whether the content of the notice should have a certain form,and whether the lawsuit can be notified as a way to notify the creditor's rights.Therefore,Yang Mou v.a company's creditor's rights transfer contract dispute is the entry point,trying to analyze the nature of the credit transfer notice,the way and content of the notice,and the shortcomings of the credit transfer notification procedure reflected in the case.Reflection and advice.The first part of the article analyzes the focus of the dispute from the case and summarizes the disputes between the parties.The second part analyzes the focus of the above disputes: one is that whether the Notice of Entrusted Payment is a notice of creditor's rights.Firstly,it analyzes two viewpoints about the nature of the notice of creditor's rights transfer,and then analyzes what kind of content it should have according to the nature of the notice of creditor's rights transfer,and then elaborates on the author's point of view that the Notice of Entrusted Payment is not a notice of transfer of creditor's rights.The another one is that the effect of the notice of transfer of creditor's rights by way of litigation.Firstly,it analyzes the two viewpoints existing in the practice,and then compares it from the perspective of the protection of the debtor's rights and interests,thus indicating that the author's point of view is that the notice of transfer of creditor's rights is valid.The third part is based on the analysis of the case.Clarify the positioning of the credit transfer notification function and the thinking and suggestions for improving the credit transfer notification procedure.