In the Shandong University Law High-end Forum held online on the evening of March 29th，Professor Zhu Xiaozhe from the Law School of Shanghai University of Finance and Economics gave a wonderful report entitled "Civil Code Transfer Rules of Creditor's bet365 casino live blackjack and Their Impact on Financial Transactions"。The lecture was hosted by Professor Man Hongjie of the Law School，Professor Wang Hongliang, Tsinghua University Law School、Professor Zhu Hu from the Law School of Renmin University of bet365 live online casinoChina serves as the interlocutor，bet365 appProfessor Zhang Pinghua and other teachers also participated in this lecture。
Professor Zhu Xiaozhe based on some contract provisions and factoring contract provisions in the Civil Code，Basically defined the creditor's bet365 casino live blackjack transfer transaction，From "Prohibition on Assignment of Creditor's bet365 casino live blackjack"、"Assignment of false claims"、Explained four aspects: "Future transfer of creditor's bet365 casino live blackjack in asset securitization" and "Double transfer of creditor's bet365 casino live blackjack in factoring contracts"。Professor Zhu Xiaozhe pointed out，The transfer of creditor's bet365 casino live blackjack is an act of disposal，The reason is buying and selling、Guarantee、Settlement、Management based on transfer will cause changes in claims，Recover with non-performing assets、Asset securitization、Factoring market size、China Enterprise Cloud Chain’s bet365 casino live blackjack confirmation scale and transaction volume are taken as examples to illustrate that the transfer of creditor’s bet365 casino live blackjack is the underlying legal rule of financial transactions。He described the situations in which claims are non-transferable by nature and legally non-transferable based on Articles 545 and 696 of the Civil Code，Emphasize that paragraph 2 of Article 545 is a special agreement for the transfer of creditor's bet365 casino live blackjack，The focus is on releasing the tradability period of monetary claims，Easy to trade。
About the issue of transferee protection of false claims transfer，Professor Zhu Xiaozhe thinks，Compare the German Civil Code，Article 763 of my country’s Civil Code adopts the appearance-of-bet365 casino live blackjack doctrine for the assignee of creditor’s bet365 casino live blackjack based on trust protection，But Article bet365 casino blackjack1165 also stipulates that the transferee has the obligation to review。The protection of the assignee in false claims adopts the explicit rules of reliance protection and the implicit rules of tort protection。Also，The idea of protecting good faith trust can also be applied by analogy to other credit transfer transactions and bond pledges besides factoring。
Professor Zhu Xiaozhe talks about the transfer of future creditor's bet365 casino live blackjack in asset securitization in the form of a case，Judge future risks based on whether there is a basis for trading。Due to the characteristics of the separation between the disposition behavior and the disposition effect of the pre-assignment of creditor's bet365 casino live blackjack，When disciplinary action is taken，If it is a future claim with a transaction basis，The transferee of the creditor's bet365 casino live blackjack can challenge the bankruptcy and enforcement against the transferor，Get it directly。
Professor Zhu Xiaozhe finally vividly described three situations of double transfer of claims in factoring contracts based on Article 768 of the Civil Code，Original creditor identified、The bet365 casino live blackjack and obligations relationship between the assignee and the debtor。
In talks，Professor Wang Hongliang sorted out the content of Professor Zhu Xiaozhe’s lecture，Confirmed the view that transfer of creditor's bet365 casino live blackjack is an act of disposal，Applicable part of the rules in the field of transfer of claims、Special contract prohibiting transfer of creditor's bet365 casino live blackjack、Civil Code Provisions on False Assignment of Claims、Analogy applies、The creditor's bet365 casino live blackjack assignee put forward his own thoughts and opinions on the issue of future seizure or bankruptcy confrontation。
Professor Zhu Hu talked about his feelings from Bet365 sportsbook reviewtwo aspects: overall and details，Overall，The rules for transfer of claims are based on commercial transactions，The transfer of claims and rules in the Civil Code should be linked to the rules of factoring contracts；Details，The transfer of creditor's bet365 casino live blackjack considers the interests of the debtor and protects the coordination and balance of the circulation value of the creditor's bet365 casino live blackjack，There will be systemic security issues arising from claims on finance、Thoughts on issues such as who the debtor should perform in the double transfer。Professor Man Hongjie summarized this lecture，And express my sincere gratitude to the three scholars。
Zhu Xiaozhe，Professor of Shanghai University of Finance and Economics Law School、Doctoral Supervisor，Shanghai Shuguang Scholar、The 7th "Outstanding Young Jurists" of Shanghai。Concurrently serves as the executive director bet365 casino live blackjack Civil Law Research Society bet365 casino live blackjack China Law Society、Vice President bet365 casino live blackjack Civil Law Research Society of Shanghai Law Society、Member bet365 casino live blackjack first batch of expert advisory groups on difficult civil and commercial issues of Shanghai High Court、Member bet365 casino live blackjack first batch of legislative expert database of Shanghai Municipal Government、Arbitrator of Shanghai Arbitration Commission、Shanghai International Economic Arbitration Commission arbitrator and other positions。
Text/Yao Wa
Audit/Man Hongjie
