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Under the Social Acquaintances Condition the Weakening of Creditor’s Rights Proposition in Creditor’s Rights Transferring

Author: SunJie
Tutor: WangXiaoBing
School: Shandong University
Course: Legal
Keywords: creditor’s rights transferring full creditor’s rights inadequate creditor’s rights the proposition of creditor’s rights weakening
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 24
Quote: 0
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Abstract


The assignment of creditor’s rights was a common phenomenon in the market economy. Establishing scientific and perfect system of assignment of creditor’s rights was strong power for the development of market economy.we firstly should know the basic properties and characteristics of the creditor’s rights in order to understand the assignment of creditor’s rights. On this basis,we can analyze the limits of creditor’s rights transferring, constitutive requirements and scope of validity,and so on. Legal theory experts used to discuss the debtor’s respect and protection of creditors,but tend to ignore Chinese "social acquaintance" of the special cultural and social backgrounds. They never understand the weakening of creditor’s rights proposition in the course of creditor’s rights transferring. The research discussed the weakening of creditor’s rights proposition in the transferring of creditor’s rights.we tried to find shortcoming from rules of assignment of creditor’s right,for improving Chinese Legal system reform, we should understand the weakening of creditor’s rights proposition objectively. On the one hand, this study would help us to accurately grasp the macro level permission of creditor’s rights transferring, then maximize the total social efficiency of debt resource use, promote development of market economy;the other hand, allows us to more fully from the micro-protect the creditor, debtor, the transferee, other legitimate rights and interests of all parties.This paper was divided into five parts.The first part was the overview that weakening of creditor’s rights proposition in creditor’s rights transferring. Firstly, it introduced the basic knowledge of debt and creditor’s rights.It Grasped the basic properties of the rights of creditors and the main classification,and proposed a new concept:The possibility of the realization of rights of creditors. According to this standard,it divided the rights of creditors into full rights and inadequate rights. second,it explained the basic content and major categories,and proposed complete creditor rights’transferring and uncomplete creditor rights’transferring. The second part was the discovery that weakening of creditor’s rights proposition from the limits of creditor’s rights transferring. First of all, it found the root causes of weakening of creditor’s rights proposition from the limits of creditor’s rights transferring. It discussed the development process from the personal exclusive rights to property rights. It analysed the psychological obstruction at the property purely of creditors’ rights in Chinese "social acquaintance" of the special cultural and social backgrounds. Secondly,it analysed the traces of weakening of creditor’s rights proposition at the scope of creditor’s rights transferring. More limited to allow the scope with the creditor’s rights transferring wonld cause the weakening at the total social efficiency of debt resource use,Even in the extent permitted, the debtor maybe refuse transferee for mistrusting with the changes of creditor object resulting.The third part was the study that weakening of creditor’s rights proposition on the basic elements of creditor’s rights transferring. Tt analysed the weakening of creditor’s rights proposition at the legitimacy elements, specificial elements, effectiveness elements, form elements and result elements.The fourth part was the analysis that weakening of creditor’s rights proposition in effectiveness of creditor’s rights transferring. It discussed the effectiveness to the parties and the other person at process hinder, right loss hinder, defense hinder and obstacles remove. It discussed the effectiveness to debt rights itself at the weakening of creditor’s element rights proposition and the weakening of creditor’s all rights proposition.The fifth part was the reflection that weakening of creditor’s rights proposition in the course of creditor’s rights transferrin. It systematically expressed the characterization on the weakening of creditor’s rights proposition in the course of creditor’s rights transferring.Then, It systematically discussed the basic reasons at reason to reason without, co-author to Force, liquidity to dependence, certainty to uncertainty, of the weakening of creditor’s rights proposition in the course of creditor’s rights transferring.

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