Accounts Receivable Pledge Research

October 1, 2007 implementation of the "property rights" in the right part of a clear pledge to "accounts receivable" as a pledge of the subject, in line with the basic principles of statutory property rights in China is to set up a security interest in a major breakthrough in the system, China's SMEs to accounts receivable financing pledge to provide a clear legal basis. However, the "property rights" only two specialized, difficult to resolve in accounts receivable pledge encountered in the actual operation of all legal issues. In general, receivables in accounting on the financial terms, rather than the strict sense of the concept of law, the accounts receivable of how to define the legal concept is particularly important. Accounts receivable are a common claim, but which claims belong to the scope of accounts receivable, needs further study and be clear. From foreign legislative, China's legislative purpose and accounts receivable to its own characteristics to the analysis, accounts receivable should be negotiable, contracts and claims of specific characteristics, such as legal. "Property Law" in the development process, charging the right to be included in the accounts receivable arising from the scope of the theory and practice of the profession much controversy. Charges of human rights is directly based on the provisions of the law or administrative licensing, due to a specific person not to provide certain facilities or services and the right to charge fees. Some scholars believe that "property rights" should be listed separately on charges of, other rights can not be covered by the pledge. The author believes that despite the pledge the right to charge the object, shape and performance on the ways and accounts receivable are different, but in the nature of the pledge on the subject and accounts receivable is the same, it can be used as its accounts receivable Included, but the right to pledge in the registration of the realization of the right should be required on the specific design of the system, to ensure that the right to pledge to achieve the purpose of the legislation. Accounts receivable pledge is in essence the right to request a return or the right to request a guarantee the realization of the right, with claims and property rights of the double. "Property Law" of the 228th ": the quality of accounts receivable, the parties entered into a written contract should be. Since the credit quality of credit information agencies of the time of registration to set up." Civil Code provisions in countries around the world pledged at the general claims, without exception, the general claims in accordance with the pledge requirement for a written pledge of a contract. Accounts receivable from the uncertainty of "property rights" in the system design contract provisions must pledge to a written contract to do this, this is to reduce legal risk and protect the legitimate rights and interests of the parties to the mandatory provisions. However, accounts receivable to be informed of whether the debtor's "property rights" not to provide certainty. In the "Contract Law", the transfer of their claims of creditors, the debtor should be notified. Otherwise, the transfer of the debtor has no effect. Accounts receivable pledge true legislative intent of the main secured creditor is the realization that if people can not be due to discharge of debt, accounts receivable Zhiquan Ren have the right to carry out the punishment, the price of its priorities from the debt service. In essence of the right to pledge the accounts receivable function indicates that the contract claims are likely to be the legal transfer. Therefore accounts receivable accounts receivable pledge should be notified of the debtor and credit deficiencies in China's current circumstances, it is particularly important. The right to the establishment of the legal purpose is to give priority Zhiquan Ren debt service on the pledge of the right of publicity can be achieved only through this purpose and in the event of a conflict right to a reasonable solution. Accounts receivable pledge of publicity must be an effective way to help, "Property Law" in the development of the process of weighing all countries in the world of publicity mode and choose a pledge registration system. With the realities in China, the bank credit registration system has been consulting all the realization of national network on the basis of accounts receivable pledged to increase the registration function, it can play its greater efficiency. Internet-based accounts receivable into the official system has been used as security for registration on October 1, 2008 Zhengshishangxian.Since China's current lack of a social credit environment and not a sound financial mechanism, together with the pledge of receivables related to supporting the law is not yet adequate, the risk of accounts receivable pledge will also exist. In general, including legal risks and commercial risks. For example: fraud risk, default risk, the risk of non-performing receivables, and so on. For legal risks can clear the legality of the pledge, pledge to establish a unified registration system for accounts receivable and other methods to be addressed; accounts receivable due to the uncertainty, the main commercial risk assessment by the parties themselves, through the improvement of the contract to be used as security Solution.