Legal Study On The Pledge Of Receivables

Property Law Article 223(6) of the accounts receivable is defined as one can pledge pledge of rights, but for this kind of pledge of rights, so there is no way to set detailed provisions, the lack of appropriate administrative regulations and judicial interpretation of the guidelines, only the central bank introduced through an administrative regulation. In judicial practice, the law should be too general, the only way to judge cited as a basis.It has its own unique side aspects of accounts receivable as a right, other than the appearance of pledged collateral in the form of the establishment of a security of property rights, property rights and other guarantees to achieve. Even in the pledge of rights, but also because unlike other receivables pledge of rights of the subject securities or other rights with a written certificate of appearance, so the pledge of rights system are also unique category. Current accounts receivable pledge the following problems: 1. legal system to adjust accounts receivable pledge relationship is not perfect, the legal provisions for accounts receivable pledge too vague. Although registration procedures and other administrative rules for supplementary provisions, but one of the less potent level registration procedures, the civil legal relationship no legal effect; on the other hand some of the provisions of the registration procedures are also civil law tradition property law system conflicts. 2. Definition and classification of laws and regulations on accounts receivable questionable, whether one can pledge to cover all doubtful accounts receivable; the second is the failure to classify different types of accounts receivable for the different requirements of the collateral security. 3. The legal and judicial practice failed to pledge receivables system and the right to have the guarantee system and the factoring system to make good convergence. Let rights and guarantee system, although not specified by law, but the trial has been the case in practice confirmed its effectiveness, factoring system in China has developed rapidly, and both pledged accounts receivable with accounts receivable financing is available on the system We should deal with the connection. 4. The implementation of different types of accounts receivable also vary, but property law only provides a way to achieve the right quality, obviously can not meet the realization of accounts receivable pledge right, the Supreme Court also guiding case Information on the implementation of the accounts receivable pledge right made supplementary provisions. So the study of pledge receivables outside the legal issues in urgent legal significance. The use of accounts receivable financing is an important means of financing SMEs. The direct use of the pledge of receivables guarantee is the most simple and convenient means of financing, widely used in small and medium enterprises, promoting the development of SMEs has important significance. However, accounts receivable as collateral, have poor circulation, it is difficult to accurately estimate and other defects that may affect financial security. Therefore, the research on this subject has important social significance.In this paper, by analyzing the system of pledge of accounts receivable related laws and regulations guiding cases, compared to the extraterritorial money secured debt financing, accounts receivable pledge summarize our current laws, regulations and judicial practice, there are shortcomings, try collateral security and extension of the concept of accounts receivable to make more practical definition, registration, realization of accounts receivable pledge right for pledged accounts receivable, and accounts receivable and floating mortgage, assignment of rights and guarantees, floating Cohesion mortgage and other related systems to make practical recommendations.