Research On The Notification System Of Assignment Of Creditor’s Rights In China

From the first creation of Article 80 of Chinese "Contract Law" to the further revision of Article 546 of the "Civil Code",the notification system of assignment of Creditor’s Rights in China is in the process of continuous development.The biggest feature of the amendment to the notice of assignment of creditor’s rights in the Civil Code is that it highly respects the autonomy of both parties.The deletion of the "debtors should be notified" requirement further strengthens the efficient and free circulation of creditor’s rights,and promotes strong vitality in the field of creditor’s rights financing practice.However,because the Civil Code continues to adhere to the principle of openness,there is still a lack of clear regulations on the notice of assignment of creditor’s rights,which leads to unnecessary disputes arising from the notice of assignment of creditor’s rights in judicial practice and in real life.Therefore,by improving the notification system of assignment of Creditor’s Rights,it is possible to provide accurate handling opinions and a clear legal basis for such cases.This paper first adopts the method of literature research,on the basis of consulting a large number of literatures,through the analysis of inductive theory and the viewpoints in judicial practice,points out the existing problems in the notification system of assignment of Creditor’s Rights,such as vague identification of subjects;unclear scope of objects;unclear time limits;whether litigation and announcement form can be adopted in terms of form;what kind of effectiveness mode is adopted for notices;whether there is a connection with the interruption of the limitation period,and multiple assignments of creditor’s rights.Second,through comparative analysis of the notice system for the assignment of foreign creditor’s rights,we should learn from the relevant experience of other countries.Finally,on the basis of empirical analysis,we put forward ideas for improving the notice system for the assignment of creditor’s rights in China.For example,if the subject of the assignee is affirmed,the object of the notice of the assignment of the creditor’s rights is specifically analyzed according to the nature of the debt,the time of notice is not required to be further restricted,and the effect of the form of litigation is recognized as the notice of the assignment of the creditor’s rights,although the method of announcement is not the first choice for notice,in special circumstances,the announcement can be used as the form of notice of the assignment of the creditor’s rights;the mode of notice antagonism is adopted;the notice of the assignment of the creditor’s rights has no relationship with the interruption of the limitation period;and the model of " Contract First,Creditor’s Rights First " is established under the multiple assignment of creditor’s rights.