同时,应当区分产生被让与债权的合同、债权让与的原因合同、债权让与合同、债权让与等几个概念的不同内涵。
Contract that creates the credit, cause of credit-assignment, contract of credit-assignment, assignment of credit, are several different concept.
债权让与涉及让与合同外的债务人和第三人利益,因此其在让与双方间生效后存在一个对外效力问题。
Right assignment is relates to the debtor's and the third party's interests, so after has the internal validity between contract parties, it also should has the external interests.
让与合同生效,在合同当事人之间产生债权变动,以及从债权的转移,并产生让与合同之债。
The effect of the transfer of contract is to make the change of creditor's right between two parties of contract and from the assignment of credit, the debt of the transfer contract arises.
让与合同无效、撤销和解除问题,在于债权变动已发生的前提下,如何运用合同法的规则给予解释。
The problems of the invalidity rescission and dissolution of contracts, on the presupposition that the change of creditor's right has taken place, give explanation on how to use rules of contract law.
根据债权形式主义原理和合同相对性原则,着重阐述了让与通知的性质和效力规则,以及双重让与的问题。
According to the principle of the formalism of credit and rule of relativism, I stress in the nature and effect rules on notice of assignment and the problem of dual assignment.
根据债权形式主义原理和合同相对性原则,着重阐述了让与通知的性质和效力规则,以及双重让与的问题。
According to the principle of the formalism of credit and rule of relativism, I stress in the nature and effect rules on notice of assignment and the problem of dual assignment.
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