Pledge System Of Pledge Of Accounts Receivable Research

In the2007introduction of the "Property Law"(hereinafter referred to as"Property Law"), the pledge of accounts receivable system identified as one of thetypes pledge of rights, for the first time from a legal perspective on the pledge ofaccounts receivable system establishes a legal effect. Pledge of accounts receivable isundoubtedly the introduction of the system of financing of SMEs has opened animportant channel for improving our secured financing system and promote thehealthy development of the national economy has far-reaching significance. Thispaper will receivable concepts constitute a legal pledge of accounts receivable,accounts receivable and accounts receivable pledge collateral underlying theeffectiveness of a comprehensive presentation of the angle of pledge of accountsreceivable system, and due to carry out pledge of accounts receivable arising from thebusiness and legal risks and possible preventive measures put forward their views.In this thesis, combing pledge of accounts receivable on the basis of the basictheory, learn civil law and common law countries on the basis of legislativeexperience to explore how to improve our legal system pledge of accounts receivable.The following is the main content of each chapter thesis summary:The first chapter is the introduction of this article. Mainly describe the paper’sresearch background and significance, research present situation and evaluation bothat home and abroad, thesis research methods and the research mentality, the paper’smain innovation points and so on..The second chapter is an overview of the account receivable pledge system.This chapter mainly tells the first pledge of accounts receivable in the accounting andlaw on different connotation. Again, this paper analyzes the legal nature of accountsreceivable analysis, and points out the accounts receivable pledge form with twocharacteristics of real right and creditor’s rights. Finally, this paper nalysis the realisticsignificance to build system of pledge of accounts receivable. Although the propertylaw in China has clearly stipulated the account receivable pledge system, but it as anew system that is simple, it still needs to improve in theory and in practice. This chapter explains the basic concept of accounts receivable pledge system, as the theorybases of further research.The third chapter is the Legal form of pledge of accounts receivable. First of all,this chapter analysis accounts receivable pledge contract, points out that the contractaccounts receivable to take written form, the creditor’s rights certificate delivered asof the public way of accounts receivable. Again, analyzes the pledge registrationof account receivables, and further discusses the public choice of pledge of accountsreceivable in our country. Finally, emphatically discusses the accounts receivablepledge set up whether or not to notify the obligor established condition, countrieshave different legislation, point out that inform the secondary obligor is not effectiveaccounts receivable elements, whether decided to produce confrontation theeffectiveness of the secondary obligor.The fourth chapter is the validity of the pledge of accounts receivable. Thischapter analysis the validity of the pledge of accounts receivable, which involves thevalidity scope of pledge of accounts receivable, the pledgor, the pledgee and theeffectiveness of the secondary obligor, and emphatically analyzes and discussesthe accounts receivable pledge and assignment of creditor’s rights conflict problems,combined with the relevant provisions of the legislation at home and abroad, andpoints out that the effectiveness of the pledgor without authorization transfer ofaccounts receivable generated.The fifth chapter is the subject matter of a pledge of accounts receivable. Thischapter first analyzes the accounts receivable pledge mark condition and research onreceivables are classified, and second, this chapter discusses whether the transferor asthe subject matter of pledge of accounts receivable, combined with the approver andcritics point of view and puts forward to some of the views of the transferor.The sixth chapter is the account receivable pledge system of legal risk andprevention. This chapter mainly analyzes the accounts receivable from the registrationsystem, the pledge the underlying flaws, pledge to implement and the contract isinvalid or has been revoked and bring all sorts of legal risk, and aimed at these riskcombined with the reality in our country legal environment, and puts forward related risk prevention measures for Banks to do business.