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Creditor Protection in the Interests of the Debtor

Author: LiYuChao
Tutor: YangYuKai
School: Shenyang Normal
Course: Legal
Keywords: Cession and Protection of interests of the debtor Right of defense Right of set-off
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 38
Quote: 1
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Abstract


Cession is the transfer system of the debt the most symbolic form, is also an important civil law system . This legal relationship , the transferor , transferee , the debtor showing the complex relationship between the interests intertwined . A reasonable balance of interests between them and the choice has become the theme of the contract for the transfer system , but also makes the contract for the transfer of the system increasingly colorful . Specifically, debt so that the contract entered into without the debtor's participation and consent of the debtor is the weak position of passive acceptance , but they are often in the discharge of the debt into add some extra burden , therefore, to strengthen the protection of the interests of the debtor , the debtor the legal status of the consistency of their interests , in essence, does not deteriorate because the assignment of claims , which must become the focus of attention by law . China 's \Due to the limitations of the cover content , tend to occur in practice, the lack of protection of the interests of the debtor , therefore , improve the assignment of rights and interests of the debtor protection is an important aspect to improve the debt so that system has important theoretical and practical value . In this paper, based on China's legislative and judicial practice , for ignoring the status of the assignment of rights and protection of the debtor based on guidelines cases and doctrines of the legislation of other countries and regions , the need for the assignment of rights and interests of the debtor protection , protect the interests of the debtor to undertake a study of the general rules of contract law in the interests of the debtor protection protection rules improve the theory and legislative, judicial practice effective communication in China to establish a set of specific sound operational supporting the assignment of rights and rules , such as notification system , the right to defense , right of set-off , and gradually enrich and improve our debt so that system .

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CLC: > Political, legal > Legal > Chinese law > China and France
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