债权让与中的受让人保护——以债权善意取得为中心

On the Protection of Assignee under the Assignment of Contract Right——on the Contract Right Bona-fide Acquisition

在债权让与场合,交易本身催生了较为强烈的债权表征的需要。如果债务人有意地制造了债权存在的假象,从而具有较为严重的过错,而受让人对此给予信任,支付对价并完成受让行为,且这种行为为一般人所能理解,即具有信赖合理性,在这种情况下,受让人即可取得本不存在的债权,从而实现对受让人的保护。

It is necessary to have a token, which represents the contract right under the circumstance of assignment of contract right. If the obligor creates the semblance of contract right deliberately, the assignee believes the semblance represents the real right, buys the right, and will get the right. There are two important requirements： One is the obligor has fault about the formation of fake right, and the other is the assignee＇s faith is reasonable, which means under such circumstances assignee can get the right which is not existing so as to protect his right.