债权转让通知研究

Legal issues related to the Notification of the Assignment of Receivables

债权转让通知在债权转让程序中具有重要意义,其效力受债权转让通知的主体、内容、形式以及时间的影响,并同诉讼时效密切相关。典型国家和地区债权转让立法,以及《国际保理通则》、《国际保理公约》、《联合国国际贸易应收账款转让公约》等国际条约和惯例的应用实践表明,我国大陆地区《民法通则》和《合同法》等有关债权转让立法应承认一定条件下债权受让人作出的债权转让通知的效力,并可在时机成熟的条件下建立有效的债权转让登记制度以增强债权转让法律关系的稳定性,推动债权流转,发挥保理等新兴支付方式的效能。

Notification of assignment plays an important role in the transaction of the assignment of receivables. It is affected by the person who makes the notification,the format and content of the notification, and the time that the notification is drawn. To lucubrate all the issues afore said,the article makes a comprehensive comparison of law in the field of assignment of receivables in Germany,Japan,Italy,Switzerland,and United States of America. The article also analyzed the corelation between the notification of assignment and the limitation of action. Finally,the article put forward its advices,such as the establishment of register system of assignment,which would create certainty and transparency to promote the availability of capital and credit at more affordable rate and thus facilitate the development of trade transaction in China's Mainland.