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让与通知是债权让与制度的核心,是平衡债务人、出让人以及受让人之间利益的关键。我国现行《合同法》并没有对让与通知作出详尽的规定,而“让与合同的成立和生效是债权变动要件”的通说有违债的本质。本文指出让与通知作为债权变动的生效要件,可以解决债权让与理论上的混乱,保证债权让与的顺利、安全进行。
Concessions and notices are at the core of the system of claims and debts and are the key to balancing the interests of the debtor, the transferee and the assignee. The current “Contract Law” in our country did not make detailed stipulations on the assignment and notification, and “the establishment and entry into force of the contract are the elements of the change of the debt.” This article points out that letting and notification act as the effective element of the change of creditor’s rights, which can solve the confusion in the theory of assignment of creditor’s rights and ensure the smooth and safe assignment of creditor’s rights.