| The notice of assignment of creditor’s rights(hereinafter referred to as "Notice of assignment" or "notice")as the legal requirement for the effectiveness of assignment of creditor’s rights to the debtor was originally stipulated in Article 80 of the contract law,while article 546 of the civil code is more precise and concise in expression,and the requirements for the notice are still unclear.Academically,there is no special research on the constituent elements of the notice of assignment,and there is little discussion on the content of the notice and the form of the contract.To sum up,it is difficult for the judge in charge to decide the key issues in this case,including whether the notice involved in the case is invalid due to the uncertainty of the assignment of creditor’s rights and whether the contract involved in the case is established and the assignment notice is effective.In order to solve the above problems,this paper takes the constituent elements of the transfer notice as the research object,uses the hermeneutics method to gradually analyze and answer the above focus problems,and finally comes to the conclusion that there are four points:first,it puts forward the constituent elements of the transfer notice as the premise,subject,content,service and effective elements;Second,the prerequisite of the notice of transfer is that the transfer of creditor’s rights does not violate the absolutely invalid clause,and the effective condition is that the notice itself does not maliciously collude to damage the legitimate rights and interests of others;The third is to make it clear that the content of the notice of assignment must meet the requirements of determining the creditor’s right,and that the standard of determining the creditor’s right is that the debtor can perform the obligation to the assignee in accordance with the notice;Fourth,the defense of notice in the form of contract should be limited. |
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