| Summary: | 碩士 === 中國文化大學 === 法律學系 === 104 === The Assignment of Debt is regulated by the Civil Code. Commercial activities between people or companies are different kinds of juridical acts which are constantly occurring on a daily basis. However, if a debt, which involves elements not expressly regulated in the articles, should be enforced through compulsory execution when dispute arises, whether take the above-mentioned elements as part of the compulsory execution requirements is really in favor of the creditors or debtors? There is possibility to discuss.
This article includes the analysis of the definition and interpretation of related elements of assignment of debt, as well as how the disputes of assignment of debt be solved by applied the related rules in accordance with the relevant judgments in scope of civil law.
The district court should verify the requirements when enforce a debt through compulsory execution procedure. The Supermen Court made a decision that, when enforce a debt which involves debt assignment, the district court should not play a role in notifying the debtor. Whether this decision clarify the rights and obligations between creditors and debtors, or only restrict the parties' right on the debt by adding such meaningless requirement. In this article, I will interpret the decision of the Supreme Court through different points of view to reach a conclusion.
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