债权转让通知法律效力辨析

发布时间：2019-01-05 18:24

【摘要】：对于我国《合同法》第80条第1款规定,司法实践中有相当一部分观点将其理解为:未经通知债务人,债权转让合同就不生效,或者即使债权转让合同已经生效,但原债权人仍享有对债务人主张给付的权利。然而,《合同法》该条款的本意只是:债权转让是否通知债务人并不影响债权转让合同的生效,并且是否通知债务人仅影响该债权转让合同是否能够对债务人产生约束力。该规定并不能当然解释为债权转让未经通知债务人的,债权转让合同就不生效的结论。债权转让合同生效后,便发生债权移转的效力,债权受让人因此取得原债权人让与之债权;原债权人就立即丧失了向债务人主张给付的权利。否则针对同一债权,原债权人和债权受让人均可主张和请求,既不合法理也会给债务人造成不必要的负担。
[Abstract]:According to Article 80, paragraph 1, of the contract Law of our country, there are quite a few views in judicial practice that the contract of assignment of creditor's rights does not come into effect without notice to the debtor, or even if the contract of assignment of creditor's rights is already in force, But the original creditor still has the right to claim payment to the debtor. However, the original intention of this clause in contract Law is that whether the debtor is notified of the assignment of the claim does not affect the validity of the contract of assignment of the claim, and whether the notification to the debtor only affects whether the contract of assignment of the claim can be binding on the debtor. This provision cannot be interpreted as the conclusion that the assignment of creditor's rights does not take effect without notice to the debtor. After the contract of assignment of creditor's rights comes into effect, the transfer of creditor's rights becomes effective, and the transferee of creditor's rights acquires the creditor's right of original creditor's assignment, and the original creditor immediately loses the right to claim payment to the debtor. Otherwise, the original creditor and the transferee of creditor's rights can claim and claim the same creditor's rights, which is unreasonable and will cause unnecessary burden to the debtor.
【作者单位】：上海里格律师事务所;华东政法大学;
【分类号】：D923.6

【共引文献】