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债权转让制度发展的根本目的,乃在促使债权转让发挥其作为投资工具之作用。随着经济之发达,债权融通性即愈见增强,对社会经济的影响愈形深刻。此由著名经济学家麦克劳德(Macleod)以下之名言可见一斑:“假如问对人类财富影响最深刻的发现为何?真实的答案可能为——债权是一种具可销售性的商品的那个发现。”因此,承认债权之让与性实有其必要,债权人可取得相当代价而将其享有之债权移转于第三人,以促进资本之流通,使经济活动更见活络。而现代法制原则上承认债权之让与性,唯债权乃特定人间自由创设之权利,
The fundamental purpose of the development of creditor's rights transfer system is to promote the transfer of claims to play its role as an investment vehicle. With the development of the economy, the flexibility of claims becomes more and more pronounced, and the impact on the society and economy is even more profound. This is evident in the famous quote by the famous economist Macleod: “What if the most profound discovery of human wealth is the real answer? Credit may be a salable commodity That discovery. ”Therefore, it is necessary to recognize the concession of claims, and creditors can obtain a considerable price to transfer their debts to a third party so as to promote the circulation of capital and make the economic activities more vivid. The modern legal system in principle recognizes the concession of claims, the only claim is the right freely created by a particular human,