What Is an Assignment of Claims?

The alias of creditor's rights transfer, also known as creditor's right transfer, refers to the phenomenon that the debt relationship does not lose its unity, and the creditor transfers its creditor's right to a third party through a transfer contract. The assignment of creditor's rights refers to the behavior that the creditor transfers all or part of his creditor's rights to a third party through an agreement without changing the content of the creditor's rights relationship. Among them, the contributor is called the assignor, and the third person is called the assignee. The establishment and development of the creditor's rights concession system have had a profound impact on the change in the composition of the entire society's wealth. Pound, a well-known scholar in the United States, has pointed out that in the era of commerce, wealth is mainly composed of claims. Therefore, the adoption of legislative norms to encourage the transfer of creditor's rights has become a common feature of civil legislation in various countries. ^[1]
Right!

The alias of creditor's rights transfer, also known as creditor's right transfer, refers to the phenomenon that the debt relationship does not lose its unity, and the creditor transfers his creditor's right to a third party through a transfer contract. The assignment of creditor's rights refers to the behavior that the creditor transfers all or part of his creditor's rights to a third party through an agreement without changing the content of the creditor's rights relationship. Among them, the contributor is called the assignor, and the third person is called the assignee. The establishment and development of the creditor's rights concession system have had a profound impact on the change in the composition of the entire society's wealth. Pound, a well-known scholar in the United States, has pointed out that in the era of commerce, wealth is mainly composed of claims. Therefore, the adoption of legislative norms to encourage the transfer of creditor's rights has become a common feature of civil legislation in various countries. ^[1]

Also known as "transfer of creditor's rights" refers to the phenomenon in which the debt relationship does not lose its unity, and the creditor transfers his creditor's rights to a third party through the contract.

1. The assignment of creditor's rights is non-essential. The creditor and the third party agree on the meaning of the creditor's right. The creditor's right transfer contract is established. Except for laws and administrative regulations that require approval and registration procedures, there is no need to perform a special contract. Is the creditor's right transfer contract made? The written form does not affect its effectiveness. The transfer of the creditor's right which has already been made as a creditor's right certificate, although the creditor's right certificate has to be delivered, but this act is an essential requirement for performing the accompanying obligation rather than the creditor's right assignment.

2. The assignment of creditor's rights has no cause. The assignment of creditor's rights is based on various reasons. It may be based on sale, gift, or payment on behalf of the person. However, no matter what the reason is and whether it is effective or not, it has no direct impact on the validity of the creditor's right contract. This is the unfounded nature of creditor's rights assignment. This non-causality is intended to ensure the security of the circulation of creditor's rights and the interests of the assignee in good faith.

3. Assignment of creditor's rights is a disciplinary action. The assignment of creditor's rights is to treat the creditor's rights as a property, so the assignor is required to have the authority and ability to punish the creditor's rights. The right of an undisciplined person to assign a creditor's right to another person is invalid unless it is ratified by the creditor.