Study On Legal Problems Of Pledge Of Receivables

With the rapid economic development, greatly increased the demand for funds,which inevitably bring difficulties in securing financing. Security interest financinghas been accepted widely for its anti-risk. But a business always has70%ofintangible assets, and receivables accounted for the vast part. To a greater degree ofease financing difficulties, Chinese "Property Law" in2007, formally established thepledge of accounts receivable system.The same year in September, People’s Bank of China developed a "pledge ofaccounts receivable registration". But its provisions are too vague and general, leadingscholars on the nature of the receivables, the scope has been saved controversial. Therights and obligations of parties made no mention of it. Imperfect registration systembrought many problems. Rights ensued with the third party also brought problems tothis system. This paper will make assumptions and gives solutions.The first chapter introduces the receivables legal concepts. Great efforts aremade to solve the controversial point that the receivables in the nature and scope ofthe law. Combined with the view of different scholars, given own conclusions. In themargins of the chapter told the value of receivables of pledge financing in reality.The second chapter on the set quality public system. The concept of "accountsreceivable" is derived from the United States Uniform Commercial Code, as opposedto the range of civil law claims. First section of chapter made a explanation of twoLegal systems. Compared with two Legal systems, find a proper way that can be usedin china. The third chapter is filled description of the legal rights and obligations for theparties blank. Combined with various principles of civil law, principles, rules, andwith reference to the view of some experts and scholars to give my opinion on thepoint of contention. Meanwhile, it points out the difficult reality that may occurthrough a variety of assumptions, and gives opinions programs.The fourth chapter mainly solves the conflict of multiple pledgor of accountsreceivable, the conflict of accounts receivable pledge and alienation and so on.Combined with the principle related and talking different situations, then gives thesolution.