Research On Pledge Of Receivables System

Pledge of receivables as one kind of guarantee forms means that the debtor or the third person pledge receivables to the creditor by a certain method for opening and if the debtor does not perform its due debts or some situation agreed upon in the contract to achieve the rights has occurred, the creditor is entitled by way of security in respect of the accounts receivable claims priority claim, the creditor will have a priority to the receivables. China’s Property Law expressly included receivables in the scope of rights which can be pledged to establish the legal status of the pledge of accounts receivables. Pledge of receivables system expands the scope of property for guarantee, gives full play to the potential value of the receivables, and has great significance to solve the financing problems of SMEs. However our current legislatives about pledge of receivables are too simple and principles, and many basic questions lack of basis and defined. There are still many defects needs to be improved in current system.So I will study of the subject from the following aspects:The first part mainly concerns on the historical origins of the pledge of receivable system. I first examine the ancient Greek and Roman law guarantees legal system, and introduce the pledge of receivables systems of the world as well as in the development of our country and the establishment next. Through the expedition to historical development of the pledge of receivables system,1 reflect on the location on the nature of receivables pledged under the traditional civil law theory.The second part focuses on analyzing some basic problems about the pledge of receivables system. I study the meaning and scope of the receivables,the establishment and implementation of the pledge of receivables respectively. Specifically, I research the meaning of receivables from two angles of the accounting system and guarantee system and analyzing two controversial issues future claims and the right to charge. I introduce the different modes of setting up pledge of receivables and the implementation way of the right over the comparison method, analyze the rights conflicts in the process of realization.The last part is the thinking to improve China’s pledge of accounts receivable system. I start with the analysis of the special report of the Registration of Pledge of Receivables, analyzes the implementation of China’s pledge of receivables system. Shortly thereafter, I careful analyze the deficiencies of the current system based on my experience of inquiring our pledge of receivables registration system, and put forward some thinking to improve our pledge of receivables system.