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各国立法普遍认为双方达成债权让与合意时债权即移转,但是在为债权让与通知之前,债权让与对债务人不生效力。亦即债权让与通知是对债务人生效的要件,这违背了债的本质,并且对受让人毫无实益。事实上,债权让与通知是债权让与的生效要件,并且导致诉讼时效的中断。
It is generally agreed by national legislations that when the two parties reach the agreement, the creditor’s rights will be transferred, but before the creditor’s right is notified, the assignment of the creditor’s rights will not be effective against the debtor. That is to say, the notification of assignment of creditor’s rights is a requirement for the debtor to enter into force, which runs counter to the nature of the debt and is of no benefit to the assignee. In fact, the notification of assignment is the entry-into-force requirement for the assignment of the obligee’s rights and leads to the suspension of the limitation of action.