| As a new financing guarantee method, Accounts Receivables pledge is playing a more and more important role in modern economy, just because it reflects the trend in rights use of current property law. The Real Right Law of P.R.C which was adopted from 2007 gave a general stipulation, and the People's Bank of China issued detailed Measures for Registration of the Pledge of Accounts Receivable in regulating Accounts Receivables pledge. These regulations not only provided legal burden for finance agencies who dealt with this kind of financing business, also provided a new financing method for small businesses. However, the Accounts Receivables pledge system in our country is only in its childhood, and is in an urgent need of improvement.This article gives an analysis on receivable pledge publicity system in the view of Property Law, points out some of the current existing problems and put forward some solutions, and tries to add some improvements on current receivable pledge system.The first chapter mainly describes the background of pledge of accounts receivable, as well as its use situation in our country. Chapter II looks at the nature, characteristics and scope of accounts receivable, emphasizing the independence and value of accounts receivable pledge through comparing it with accounts receivable transfer and international factoring system.Chapter III by comparing, analyzing the international practice and combining domestic situation, puts forward the most suitable legal elements of accounting receivable pledge of our country, while noting the deficiencies of current related provisions.Chapter IV analyzes the rights and obligations of the parties and third party of accounts receivable pledge.Chapter V analyzes possible risks of financing institutions caused by the special nature of accounts receivable pledge, and designing a system including external and internal aspects to reduce the risk, thus encouraging financing institutions to initiate accounts receivable pledge business.
|
PDF Full Text Request