关于债权(合同权利)让与无因性的思考

The Reasoning on the Abstractness of the Transfer of Creditor's Rights

债权让与是合同法中的一个重要制度,然而,目前理论关于其制度设计仍有纷争,立法也缺乏完善规定。立法与理论均不承认债权让与的无因性。出于商事流转便捷、快速的需要,应当承认债权让与的无因性。

The transfer of creditor＇ s rights is an important system in the contract law. However, there are sharp divarications between the present theories over its regulation arrangement; and the legislature on this topic is not impeccable. Both the theory and legislature denies the abstractness between the transfer of creditor＇s rights and the contract enabling the transfer. It＇s advisable to recognizes the abstractness between the transfer of creditor＇s rights and the contract enabling the transfer for the sake of the swiftness and convenience of commerce.