Study Of Legal Effect Of The Agreement On Anti-Assignment Of Creditor’s Rights

According to seventy-ninth provision of Chinese Contract Law,creditor’s rights can be transferred.In practice,creditors intend to package and transfer claims to the public in order to achieve financing.Financing by assignment of creditor’s rights has developed into the debt capitalization system.However,because of the anti-assignment of creditor’s rights,the system of assignment of creditor’s rights has the legal obstacle,which would affect claims’ liquidity and reduce economic value.In view of this,in order to promote the smooth circulation of creditor’s rights,the object of study in this paper is based on restricting the suitable range of anti-assignment of creditor’s rights,and puts forward my superficial viewpoint.In addition to the preface and conclusion,this paper consists of the following four parts:The first part is the outline of anti-assignment system of creditor’s rights.First,it defines the concept of creditor’s rights transferring,legislative provisions and constituent requirements.After that,it elaborates content of forbidden claims,according to seventy-ninth provision of Chinese Contract Law.The second part is the effect of anti-assignment of creditor’s rights in foreign countries.This section sets the study of anti-assignment of creditor’s rights by the relevant legislative provisions,judicial practices and different doctrine theories,namely absolute effect theory,resisting promise theory,relative effect theory and invalid promise theory.The third part is the effect of anti-assignment of creditor’s rights in China.This part analyzes Chinese legislative provisions,judicial practices and doctrine theories concerning comparative foreign theories.The fourth part is my opinion on anti-assignment of creditor’s rights.This section combines domestic and foreign legislative experience,judicial practice and theory of doctrine,and considers all sides to analyze the weakness of absolute effect theory,resisting promise theory and relative effect theory.On the basis of the study of the money claims,it is reasonable to find the rationality of invalid promise theory in order to guarantee the circulation of money claims and the effective protection of the debtor’s interests.