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随着交易的频繁发生,债权的双重让与已经成为债权让与实践中的一个突出问题,债权的双重让与严重影响了市场交易中债权自由转让的效率,也给交易方带来了损失,本文在论及债权的法理基础上,考察并分析各国关于债权双重让与的规定,认为要规制债权的双重让与,应规定将债权让与于双方达成合意时即生效,并以对债务人的通知或债务人承认为债权让与对抗第三人的要件。
With the frequent occurrence of transactions, the double assignment of claims has become a prominent issue in the practice of creditor’s rights assignment. The double assignment of claims has seriously affected the efficiency of the free assignment of claims in market transactions and also brought losses to the counterparties. Based on the legal principle of creditor’s rights, this article examines and analyzes the stipulations on the double assignment of creditor’s rights in each country, and considers that to regulate the double assignment of the creditors’ rights, the creditor’s rights should be provided when both parties reach the agreement, The notice or debtor recognizes as a requirement for the assignment of credits to a third person.