Research On The Future Accounts Receivable Transfer System In China's Commercial Factoring Business

As credit becomes an important link in the maintenance of socio-economic relations,the right to trade receivables,as a property,is playing a more and more important role in economic life.The future accounts receivable in the real accounts receivable before the preparatory stage,in essence,is a reality of the accounts receivable expectations.The highly developed credit economy has given tremendous property value to accounts receivable in the future and also started to highlight the realistic demand for the future accounts receivable transfer.In recent years,commercial factoring business has been greatly developed in China's financial market and has gradually become a financing method suitable for small and medium-sized enterprises.The most important legal relationship in commercial factoring is the transfer of receivables.Therefore,the enormous economic resources brought by the transfer of receivables in the future are of great significance to factoring.Nowadays,it is imperative to set up a systematic legal system so that the future trade receivables in China's commercial factoring and even bigger economy will benefit the important economic mission.New economic needs are constantly impacting traditional theories.Throughout the national legislation,doctrine and the provisions of international documents,the future transfer of accounts receivable has experienced a negative,questioning gradually recognized the development process.In the course of this process,a value orientation centered on promoting the transfer of claims has been gradually formed.From the interests of the debtor to the protection of the assignees(ie,factoring agents)in the measurement of interests of multiple parties,On the basis of this value,the future transferability of receivables should be legally recognized.In terms of the legal effects of the transfer,the attitude of the legislation should also be more open:for both parties to the contract of assignment,the assignment will take effect upon the establishment of the contract;and for the original debtor,the existing system for the entry into force of the notification may still be renewed.However,Form a larger space for informing the main body;for other third parties,a unified and efficient registration system to bring the effectiveness of the balance of accounts receivable is the basis for the interests of multiple subjects.The changes in the status of commercial entities in economic activities have brought more conflicts of rights.At this time,the boundary between real rights and claims is broken down,and accounts receivable transfer is incorporated into the rules of pledge registration of accounts receivable.To protect the priority of rights holders first,not only effective convergence of law and practice,but also protect the main body of commercial transactions in the transaction more stable.Of course,given the particularity of future accounts receivable,it is obviously inappropriate to protect without limit the assignee of future receivables.Especially in the fight against the bankruptcy administrator,since the purpose of the bankruptcy law is to extricate the bankruptcy enterprise from its predicament as soon as possible and enhance the efficiency of commerce,the protection of the general creditor should be paid more attention in this process.The priority of future receivables assignees is It is reasonable to be subject to some restrictions at this time.