Multiple Assignment Of Creditor’s Rights,Ownership Of Rights And Normative Mode Exploration

In the multi-party legal relationship of multiple assignment of creditor’s rights,the ownership of creditor’s rights has always been the core of the dispute.The existing theoretical research is mainly divided into the theory of "assignment contract” which focuses on debt(agreement)and the theory of "assignment notice" which focuses on the property(publicity).These two conflicting theories are based on the normative content of article 80 of the current Contract Law and game by citing judicial precedent.However,the theoretical research either focuses on the institutional structure of the debtor’s benefit protection or concentrates on the issue of the assignee’s benefit distribution.In addition,this kind of legal model is deeply interwoven with property and debt,which makes the dispute in the traditional civil law be in a dilemma.As for the ownership of multiple assignment of creditor’s rights,we should not only pay attention to the internal relationship of original creditor’s rights and debts,or simply focus on the external relationship of the assignee’s right to inherit.Specifically,in the case of multipleassignment of creditor’s rights,the interest protection should point to the trust interest of the assignee and the security order of contract transaction,while taking into account the performance interest of the debtor..That is to say,the existing theories either discuss the ownership result of multiple assignment rights from the perspective of debtor’s interest protection or from the perspective of assignee’s interest.Through examining the judicial judgment,although there are two kinds of different reasons for judgment in practice,namely "assignment first,right first" and "notice first,right first",these two seemingly opposite judgment bases are actually governed by the authenticity of external claims between creditors and assignees.In other words,the basic logic of the trial of multiple assignment disputes of creditor’s rights is to protect the trust interests of the assignee and the security order of contract transaction,and at the same time safeguard the debtor’s performance interests with the normative intention of article 80 of the Contract Law,so as to achieve the unification of the judicial effect and social effect of "obtaining in good faith and benefiting both inside and outside".Based on this,through a new approach to study these issues,this paper tries to explore the interest equity model of multiple assignmentof creditor’s rights,so as to promote the institutional construction in the scenario of multiple assignment of creditor’s rights,and provide normative support for the improvement of civil law and the compilation of civil code.This paper is divided into five parts to explore the normative model of multiple assignment of creditor’s rights:The first part is the preamble.This paper expounds the background of the issue,the research status at home and abroad and the academic literature,and studies the research methods and objects of the normative mode of multiple assignment of creditor’s rights,as well as the possible innovation points.This part plays a leading role for the full text.The second part is theoretical review.This chapter tries to find a new normative way of the ownership of creditor’s right assignment on the theoretical basis of the previous part,and through comparative study,it seeks for theories and experiences outside the territory,and explores the theory behind creditor’s right assignment.On the basis of theory,the author tries to find the commonality of legal thinking in different countries.Through the exploration of foreign experience,it is concluded that the ownership of multiple assignment of creditor’s rights should consider the following factors: conclusion time of assignmentcontract,notice time of creditor,justice value and notice time of assignee.The third part is the analysis of hypothesis and consequence.According to the factors of ownership of rights in the preceding section,the author uses the path of consequence theory to bring different factors into different hypothetical situations in a quantitative way,and obtains data to analyze the ownership of rights under the influence of the aforementioned factors.On the basis,this paper analyzes the value order of each factor.The fourth part is the exploration of normative mode.Based on the value order of the previous part,this paper uses the game model of economics to discuss the ownership norms of multiple assignment of creditor’s rights.The fifth part is the conclusion,according to the foregoing evidence and argument,summarizes the main idea of the article.