Pledge Of Accounts Receivable System Research

The Real Right Law of People's Republic of China promulgated in the year 2007 has clearly provided pledge receivables as one type of right pledge. Later, People's Bank of China issued"Regulation of Registration of Pledge Receivables", which constitutes the supplement to the Real Right Law. The above two legal documents constitute the fundamental legal framework of pledge receivables system in China, which marks the establishment of pledge receivables system in China, and also marks the innovation and development of the Property Guarantee System of China.The pledge receivables system clarified in the Real Right Law is just some kind of statement in legal sense, the detailed and practicable system still need to be developed. This paper studies the pledge receivables system by the means of comparison and legal rules, and studies this system gradually and multi-levelly.The first chapter analyzes the definition of receivables in the angle of legal and accountant. It concluded that the legal nature of pledge receivables is a special type of general creditor right pledge.The second chapter analyzes the legal nature of pledge receivables and compares creditor right pledge with creditor right assigning, pledge receivables with receivables assigning and factoring, and concluded that the nature of pledge receivables is general creditor right pledge. At the same time, the particular features of pledge receivables and the common features of pledge receivables and general creditor right pledge are analyzed.The third chapter analyzes the object of the pledge receivables right. Discusses the conditions of object of pledge receivables, and analyzes whether the future cash creditor rights ad real estate interests shall be included in the object of pledge receivables according to the provisions of"Regulation of Registration of Pledge Receivables", and suggest that the pledge of receivables of charity institutions shall have limitations.The forth chapter analyzes the establishment and publicity of pledge receivables. The different modes of establishment and publicity of pledge receivables of different countries and its advantages and limitations are analyzed in this chapter. And it analyzes the reason to require the registration in the electronic system of credit information agency and shows the shortcomings of the present registration procedure.The fifth chapter analyzes the effect of pledge receivables, including the guarantee range of the prime creditor right,the effect range of pledged objects, the effect to pledgee, pledgeor and the sub-debtor.The sixth chapter analyzes the exercise methods of pledge receivables right . The condition to exercise the pledge receivables right,the sorts of exercise methods and the exercise rules of different performance terms of receivables and the prime creditor right is analyzed.The seventh chapter evaluates the pledge receivables system in China, and put forward some suggestion to develop and perfect the pledge receivables system in China.