Research On The Protection Of The Debtor's Rights And Interests In The Pledge Of Accounts Receivable

With the issuance of the Real Property Law of China and the enforcement of the Measures on Accounts Receivable Pledge Registration,accounts receivable pledge,as a new financing guarantee system,is widely used in practice.This system is effective in alleviating the financing difficulties of companies,but also exposes more and more problems,attracting the attention of academic circles increasingly.What is pledge of accounts receivable? In brief,it allows accounts receivable,as the subject matter of a pledge,to guarantee the realization of creditor's rights.It breaks through the regulation of debt relativity,making debtor involve in the pledge legal relation between the pledgee and pledgor.Because the deficiency of our country's legislation about this system,the unduly legal protection to the benefits of pledgee and imperfect public notice system,the legal right of set off of debtor is restricted,the performance act of debtor is hindered,prescribed period for litigation of accounts receivable may be interrupted improperly — all of those undermine debtor's benefits.With the implement of the system of accounts receivable pledge,in order to protect the interests of debtor,by elaborating the status of debtor in the legal relationship of accounts receivable pledge,the lack of legal protection of thedebtor 's rights,the ways to improve the system of accounts receivable pledge,the thesis provides advisable methods to cope with theoretical and practical problems in the protection of benefits of debtor caused by the our country existing system of accounts receivable pledge.First of all,we should refine relevant laws,balancing the interests between the debtor and pledgee—stipulating that the establishment of the pledge of accounts receivable does not affect the legitimate right of set-off of the debtor,clearly stipulating rules to deal with the contradiction between accounts receivable's maturity and the expiration time of rights of pleedgee,and stipulating the necessary conditions for explicitly informing the debtor of the interruption of the accounts receivable lawsuit.Secondly,we should constantly improve the public notice system of accounts receivable pledge,the starting process and specific content design of the registration system of accounts receivable pledge so as to avoid the conflicts of rights of relative subjects.