债权让与制度若干问题研究

债权让与是债法上的一项重要制度 ,它还与物权法和不当得利等制度密切相关。我国合同法规定 ,当事人约定债权不得转让的 ,按约定。对约定的效力作这样的肯定是值得质疑的。它与当前国外的趋向不符 ,不适应市场经济发展的需要。有关债权让与制度的概念、构成要件、法律效力等问题 ,均应从理论上作深入探讨

Study on Several Issues in the System of Assignment of Credit

Assignment of credit is an important system in the law of obligation, and closely related to jus rerem and the system of unjust enrichment. Under the contract law of China, where parties agree that the credit is unassignable, the agreement shall be observed. Making such affirmativeness concerning the validity of agreement is open to question. It is inconsistent with the trend in foreign countries, and not fit for the need of the economic development. Deepened probe should be made with respect to the issues concerning the concept, constituent requirements, and legal force of the system of assignment of credit.