The Track Exploration Of Chinese Quasi Real Right Of International Factoring Account Receivable

As a new pattern of Trade settlement and trade financing, Factoring worked for the comprehensive provision of trade credit in the aspects of sales Account Management?Account receivable?Credit risk guarantee and trade financing.For the reason that factoring could both meet the requirements of importers'deferred payment and exports' money collection, factoring, especially international factoring had a sustained rising portion in global trade. As general credit, account receivable has made an increasingly important permutation and utility value function in the aspects of trade finance. So the transfer of account receivable has an effectiveness of real right to debtor and payment by intervention. Formation with the effectiveness of real right, creditor's rights has becoming the alienable property, modern law both confirm the alienable?liberty and security. In the active financial environment, the fluxility of debt is more important than the security, the account receivable has more symptomatic of Quasi real right, we made our effects to increase the wildprtence,and offsetting the relativity. The primary legal purpose of the relationship of creditor's right is to transform debt to real right or Quasi real right. With the increase of the value, the oscillation of account receivable has more influence to the third party. It's hardpressed to solve the conflict of rights. In order to balance the interests between the purchaser for value without notice and the debtors, searching the route for Quasi real right of account receivable, this article plan to start from the international factoring, combining the Legislative status and trend, focusing on the route for Quasi real right of account receivable, investigating the conflict of account receivable rights and application of law, and also from the respects of establishing the system of international factoring notarization, and Credit risk assessment to offer a proposal to consummate Chinese international factoring and Related legal system. China's export trade and financial circles develop factoring provides reference, and also promote of international factoring in China financial practice development.The thesis focuses on four aspects. The international factoring's legal structure is very important. In the thesis author studies on the legal characteristic of international factor in different circumstance, Combining of various countries and international organizations on the relevant provisions of international factoring to The transfer of claims for no reason and independence are analyzed; the second is the legal issues on the assignment of account receivable, including the symptomatic of Quasi real right and legal risk and the measure against the risk,; the third is about the way to receive the symptomatic of Quasi real right, in order to clear the responsibility of all parties in international factoring bear and protect the third party interests and also focus on International Factoring quasi property of realistic value the development of the economic and social causes of debt financing, including Factoring the appropriate attention obligation, Factoring and credit honesty obligation, and the vendor notification obligation based on analysis of typical cases; the fourth is the application and the development of the credit assignment system in our country, including establishment of factoring notary system to realize the factoring contract enforcement and multiple levels of credit risk rating system and factoring financing risk compensation system.