Research On The Legal System Of Pledge Of Accounts Receivable

With the development of economy,businesses' demands for capitals have grown rapidly,and that produces many financing problems.The pledge of accounts receivable,as a main way of secured debt in various financing approaches,has aroused a market with huge space for development.The system of pledge for accounts achievable established by the Property Law of China has enriched the variety of real right for security and enlarged the utility of realizing the value of the accounts achievable.It has provided those similar rights for security and financing with legitimacy.However,as a newborn concept,the rule-set of accounts achievable and its pledge remains ambiguous and indistinct,and therefore several risks and disadvantages have exposed and remain unsolved.The essay focused on a series of legal problems in the process of the pledge for accounts achievable.Chapter one:Starting from the definition of accounts achievable itself,combining with Chinese accounting system,law and regulations and the definition from legal documents released by the Central Bank,referring to foreign law and international treaty,the essay makes the conclusion of the concept and characteristics of accounts achievable.Chapter two:The essay aims at few common rights similar to accounts achievable in daily economic life,quoting judicial cases and judicial recognition,to discuss the feasibility of those mentioned rights.In addition,the approaches of accounts achievable financing other than pledge,such as asset securitization,factoring and trust,are introduced in this chapter.Chapter three:On the basis of former chapters,the essay then goes far into the present system of pledge for accounts achievable to discuss the structure of it,including the legal nature,valid conditions,realization of the rights,public announcement and the rights and duties of all parties.Chapter four:Mainly research the perfection of pledge for accounts achievable.This chapter reveals the all kinds of risks in the pledging process and provides the countermeasures to fix the leaks,especially those in the registration system,in order to optimize and improve the whole financing system.