December 4,The tenth session of "bet365 app Law Youth Forum" was held in Huagangyuan。Pan Yunhua, associate professor of Fuzhou University School of Law, gave an academic report titled "Academic Controversies and Interpretative Responses to the Assignment of Creditor's Best slot on Bet365"。The lecture was hosted by Sun Ximing, assistant researcher at bet365 app,Professor Zhang Pinghua、Associate Professor Yu Yongning、Assistant Researcher Yang Ruihe、Postdoctoral fellow Wang Yuqiao serves as the interlocutor,More than eighty teachers and students attended the lecture。
The beginning of the lecture,Pan Yunhua gave a brief introduction to the rules on transfer of creditor's Best slot on Bet365 stipulated in the Civil Code,Then he conducted a detailed analysis of five key issues related to the transfer of creditor's Best slot on Bet365。
Bet365 Online Live DealerPan Yunhua thinks,The normative model for the transfer of claims to the assignee as stipulated in Article 546, Paragraph 1, of the Civil Code,Should be interpreted as "transfer occurs according to the agreement of transfer of creditor's Best slot on Bet365"。When the parties agree that the creditor's Best slot on Bet365 cannot be transferred and the creditor violates the agreement by transferring the creditor's Best slot on Bet365,Can the transferee obtain the creditor's Best slot on Bet365?He pointed out,Article 545, paragraph 2, of the Civil Code provides a clear response to this issue,That is, monetary claims and non-monetary claims should be distinguished。
The second issue is the legal effect of the transfer of creditor's Best slot on Bet365 on the debtor.He thinks,This legal effect mainly includes five points。One,The debtor shall perform its debt to the assignee after receiving the notice,And the payment made by it and the transferor before receiving the notice、Offset、Exemption and other actions are valid。Part 2,The debtor may assert against the assignee the defenses it originally had against the assignor when receiving notice of assignment,Pan Yunhua further argued that the "after receiving notice of assignment of creditor's Best slot on Bet365" stipulated in Article 548 of the Civil Code should be modified to "when receiving notice of assignment of creditor's Best slot on Bet365"。Part 3,The debtor has claims against the transferor when receiving notice of the transfer,As long as the statutory offset conditions are met,Can claim set-off from the assignee。Meanwhile,The "Civil Code" also adds a new provision that the debtor's claims and the transferred claims are based on the same contract and can be offset。Fourth,Related entities notifying the debtor,my country’s academic theory and practice generally believe that both the transferor and the transferee have the qualifications to notify。Part 5,According to legal provisions,Transfer from Best slot on Bet365。
The third issue is the ownership of Best slot on Bet365 in multiple transfers of creditor's Best slot on Bet365.Pan Yunhua thinks,Different from comparative method,my country’s Civil Code does not clearly stipulate which assignee should obtain the creditor’s Best slot on Bet365 first。To this,There are three views in our country’s academic theory and judicial practice,respectively means "give first,Right comes first” “Notice comes first,Right first""Registration first,Right comes first”。Pan Yunhua thinks,“Give first,The right attribution standard of “right first” is more reasonable,Conforms to the normative model and legal logic of the transfer of creditor’s Best slot on Bet365 in our country。
The fourth issue is the constituent elements of apparent transfer of creditor's Best slot on Bet365.Pan Yunhua thinks,Theoretically,The following three elements must be met for the apparent transfer of claims: the transfer of claims has not actually occurred or is invalid、The assignor (cannot be the assignee) notifies the debtor of the assignment of the creditor's Best slot on Bet365、The debtor does not have any subjective malice regarding the non-occurrence or invalidity of the transfer of creditor's Best slot on Bet365,That is, regardless of whether the debtor actively knows that the transfer of creditor's Best slot on Bet365 has not actually occurred or is invalid,Generally does not affect the establishment of apparent transfer of claims。
The fifth issue is the transfer of creditor's Best slot on Bet365 in the factoring contract.For future accounts receivable in the factoring contract,He pointed out that claims on accounts receivable should be descriptive in the future。He thinks,“Fantasy” accounts receivable do not require the debtor to have meaningful contact with the creditor,Only the debtor is required to participate,The factor "should have known that fiction" cannot be used as a reason to exclude the debtor's liability。Assignment of claims in factoring with recourse,He pointed out,The provisions of the Civil Code on factoring with recourse are only arbitrary provisions,Therefore, there is a transfer of creditor's Best slot on Bet365 and guarantee in the doctrine of factoring with recourse、Three theoretical structures of indirect payment and transfer of creditor's Best slot on Bet365 with guaranteed liability。For transfer of claims in multiple factoring。He thinks,Article 768 of the Civil Code stipulates the priority of the factor in obtaining accounts receivable,However, this article cannot be elevated to a general specification for the transfer of claims。
Conversation session,Zhang Pinghua’s chapter design from the factoring contract chapters and contract general principles、Considerations of factoring contracts in commercial environment、Assignment of creditor's Best slot on Bet365 under functionalism and logicism、Shared his thoughts on issues such as creditor's Best slot on Bet365 and debt certificates。Yu Yongning made a detailed analysis of the effectiveness of the announcement of the transfer of claims by listed companies in the commercial field、Issues such as bet365 casino blackjackmultiple transfers of claims。Yang Ruihe’s time limit for the debtor’s defense、Express academic opinions on issues such as the determination of creditor's Best slot on Bet365 and ownership。Wang Yuqiao pointed out that the structure of credit transfer should be designed from the perspective of promoting liquidity。
Speaker’s introduction:Pan Yunhua,Associate Professor at Fuzhou University Law School,Qishan Scholar。Won the Excellent Doctoral Thesis and Outstanding Graduate of East China University of Political Science and Law。Host the National Social Science Fund General Project、1 project each for the National Rule of Law and Legal Theory Research Project for Young and Middle-aged People Best slot on Bet365 Ministry of Justice and a key project Best slot on Bet365 Fujian Provincial Social Science Fund,And published more than 20 academic papers in core journals such as "Modern Law", "Legal Science", "Jurist", "Legal Business Research", "Legal Forum", "Private Law Research", "Northern Law", "Nantai Law" etc.。
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