A New Model Of Creditor's Rights Assignment From Factoring

Factoring as a new type of debt financing,it is not the same as the traditional system of the assignment of creditor's rights.From the initial accounts receivable factoring services to the current hidden factoring,with recourse factoring,factoring business types are also constantly innovation and development.However,the practice of innovation and the lag of law will inevitably lead to its loopholes appeared one after another in judicial practice,factoring is no exception.The nature of our court of factoring,factoring the treatment effect and the assignment of debt problems generally can only be based on the<General principles of civil law>or<Contract Law>,this kind of case trial the results are usually more rigid,and not for the factoring industry development has played an effective role in promoting.Therefore,to solve new factoring and legal lag between the conflict has become the key problem of factoring.This paper mainly through the analysis of the factoring properties and existing problems of the proposed registration management mode of the factoring assignment.In the first part,starting from the concept of factoring,analysis of two kinds of special types of factoring,and then summed up the advantages and the legal nature of factoring,factoring that belongs to a new type of creditor's rights.The second part of factoring in the assignment of debt problems,from the comparison of the two law and judicial practice of factoring,factoring business should be appropriately identified today open future claims at the system level,as long as there is a reasonable expectation of future claims or "identification",it should be used as the object of the factoring business.The third part is the focus of this paper,the analysis of the transfer of creditor's rights of the debtor's factoring effect and the effect to the third person.The notice of force against principle is more reasonable,China has also adopted this view;and factoring claims to the effect of third people,mainly through the analysis of the United States and Japan,for registration against countries of assignment of rights,the advantages of registration against the system,to provide practical support for the factoring business for creditor's rights the registration system point of view.The fourth part of the Tianjin pilot area as an example,introduces the application examples of domestic factoring claims registration system,put forward the transfer of creditor's rights registration system in our country is feasible.The fifth part,through the analysis of the above content,summarizes the advantages and disadvantages of factoring registration against the system,puts forward the system design in accordance with me in the conditions of China's factoring claims registration system construction,to solve the factoring business in our country's future claims and claims against the third person effect to identified problems.In short,factoring as a new type of debt financing,is still in the development stage,only to establish a sound and reasonable registration mechanism,in order to maximize its effectiveness,to ensure the healthy operation of factoring industry.