Research On The Legal Problems Of Creditor's Income Right Financing

With the development of financial innovation, the financing business related to the "income right" has been greatly developed. From use infrastructure income right to finance, to use creditor's income right to finance, the finance of income right has been developed a wealth of trading products and complex trading patterns. However, the legal nature of the income right has not been clearly identified in the law. Creditor's income right is developing rapidly, but the connotation, legal validity,legal relationship and transaction structure of the creditor's income right are not mentioned. The scale of funds involved in the financing of creditor's income right is expended and how to resolve the dispute in this field is an urgent problem. At present, we needs to discuss these problems and try to find feasible solutions. The thesis clears up the income right of financing cases in legal practice. The author thinks that the legal nature of the income right should be characterized as a broad creditor's right,including current creditor's right and future creditor's right. For the concept of income right is not the product of legal research, we cannot understand its legal connotation in its literal sense. The connotation of income right in financing of creditor's income rights is not limited to the yield under the basic assets , but may include all future inflows money under underlying assets. The transfer of creditor's income right is not the transfer of the right, it through the form of contract to establish a new creditor's right debt relations between the creditor and the debtor. We can find that lot of transaction used "transfer plus repurchase" trading model through several typical creditor's income rights in financing business analysis, this transaction is usually a borrowing behavior to circumvention regulatory suspicion. There are series of legal problems in the financing practice of creditor's income right, the author suggest that we should set up the classification management system of investors and transfer the filing system, beyond that we should complete other relevant regulations and rules.