Research On The System Of Protecting The Interests Of The Assignee In The Assignment Of Claim

The assignment of creditor’s right is the beginning of the property of creditor’s right.This kind of impersonal transformation is the breakthrough of the limitation of the internal relative relation of the subject,and the creditor’s right has entered the category of property right and has independent economic function.Among the many complicated issues concerning the assignment of creditor’s rights,the research on the protection of the interests of the assignee involves the protection of transaction safety and the promotion of the circulation of creditor’s rights,which is of great significance in the creditor’s rights system.It is not only from the perspective of transaction security,but also through the balance of the interests of the assignee,creditors and debtors,focusing on the basic theory and the reasonable arrangement of the interests of all parties,in order to reach the conclusion that the interests of the assignee are first.Focusing on the protection of the assignee’s interests,this paper intends to deeply analyze the current situation and shortcomings of China’s creditor’s rights assignment system.On the basis of reasonable reference to foreign experience,it puts forward targeted reasonable suggestions and ideas,and focuses on the following perspectives of assignee protection in creditor’s rights assignment.This paper is divided into the following four parts:The first part is the basic theory of the assignment of creditor’s rights.It mainly focuses on the nature and particularity of the assignment of creditor’s rights.It distinguishes and qualifies the basic concept of the assignment of creditor’s rights and analyzes the causality of the assignment of creditor’s rights.Explore the necessity of protecting the interests of the assignee in the assignment of creditor’s rights.The second part is the analysis of assignee protection under the current legal system and the defect.The content is divided into two levels.The first level analyzes the existing system of protecting the interests of the assignee under the background of the Civil Code;the second level points out the legislative defects of the existing system,aiming at the problems such as the irrationality of the assignee not being the subject of notification,the unitary notification method,the lack of publicity method,and the lack of standards for the assignment of creditor’s rights and bona fide acquisition,etc.The negative influence brought by the realization of the transferee’s rights is deeply discussed,the conflict between theory and practice is fully paid attention to,and the dilemma of the application of the existing norms to the protection of the transferee is analyzed.The third part focuses on the analysis of experience on the protection of transferees’ interests in foreign civil law systems and Anglo-American law systems.Through the investigation and analysis of foreign experience,enlightenment and reference for the protection of transferees in Chinese theory and legislation are concluded.In the fourth part,in view of the inadequate protection of the assignee in the assignment of claims,the author puts forward suggestions on the improvement of the protection system of the assignee’s rights and interests,that is,to set up a reasonable publicity system for the assignment of claims of different nature,at the same time clarify the assignee’s bona fide judgment criteria,and puts forward the feasibility of using the appearance of rights theory to solve the standard of bona fide assignee.In addition,it is suggested to specify the grantee as the subject of notification and reasonably expand the method of notification,and further strengthen the trust interest protection of the grantee,specifically by clarifying the composition and scope of the grantee’s rights and defects guarantee liability,and clarifying the scope of the debtor’s defense in the legislative interpretation,so as to fully protect the grantee’s rights and interests.