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债权双重让与情形下,应由哪一受让人取得债权,理论上认识不一。而我国《合同法》第80条只规定了债权让与对债务人的生效问题,对债权让与对债务人之外的第三人的效力问题没有规定,这给确定债权双重让与的权利归属造成了极大困难。债权让与合同生效即发生移转的效果,债权双重让与中应采让与优先主义,由第一受让人取得债权。
Under the double assignment of claims, which assignee should obtain the claims, theoretically different. However, Article 80 of China's Contract Law only stipulates the entry into force of creditor's rights on the debtor. There is no stipulation on the effect of the assignment of creditor's rights on the third party other than the debtor, which gives rise to the attribution of the right to determine the double assignment of the debts Great difficulty. The effect of transfer of creditor's rights upon the entry into force of the contract is that the creditor's rights should be assigned and prioritized by the double assignment of claims and the creditor's rights shall be obtained by the first transferee.