The Application Of The Rules Of The Notification Of Creditor's Rights Transference In The Factoring Contracts

The modern factoring business has matured in the United States,then it has been introduced to Europe,and has been applied to Asia,which has always been oriented toward export-oriented economy,and has not exceeded 100 years.How this transaction pattern should be structured under the existing legal system,and the theoretical and practical circles have not formed a unified conclusion.In the legal environment of our country,according to the requirements of legal formation theory,when disputes arise between the parties to a factoring contract,they must return to the application of existing legal provisions.In the factoring business,the transfer of accounts receivable is the core legal relationship,and the distribution of the rights and obligations of the parties to a factoring contract is also based on the transfer of creditor's rights.Therefore,the definition of a factoring contract as a transfer of claims should be unambiguous.So,the rules of the notification of creditor's rights transference established in the "Contract Law" of China can also be applied in factoring contracts.The notification of creditor's rights transference is an extremely important issue that is easily overlooked.It is one of the keys to balancing the interests of debtors,assignors,and assignees.It will also affect the interests of third parties outside the debtor.However,the assignment of creditor's rights in factoring has a certain degree of particularity,and therefore it will cause a certain impact on the application of the rules of the notification of creditor's rights transference,thereby triggering legal risks in practice.Therefore,under the background of the fragmented discussions on the notification of creditor's rights transference today,based on the judicial practice of factoring contracts and the use of relevant insights from the theoretical and practical circles at home and abroad,in this paper,the application of the rules of the notification of creditor's rights transference be systematically discussed.In addition to the introduction,this article is divided into five parts.The first part discusses that the core of factoring contracts is the transfer of creditor's rights.First,a variety of doctrines about the nature of factoring contracts are compared and analyzed.Then,on the basis of comparing the aforementioned different doctrines,the nature of the factoring contracts is proposed as the creditor's rights transfer agreement,to draw conclusions that the rules of the notification of creditor's rights transference can be applied in the factoring contracts.The second part discusses the connection between the factoring contracts and the rules of the notification of creditor's rights transference.First,it analyzes the significance of the notification of creditor's rights transference to the effect of the factoring contracts.Then,due to the particularity of factoring,it brings certain challenges to the application of the rules of the notification of creditor's rights transference,which leads to the content of the third and fourth parts of the following.The third part discusses the specific application of the rules of the notification of creditor's rights transference in factoring contracts.First of all,from the comparison of two different aspects of legislative examples and doctrines,combined with the practice of factoring,it is concluded that the assignor and the assignee can make the notification of creditor's rights transference.Secondly,by analyzing the different forms of the notification of creditor's rights transference in the practice of factoring contracts,it can be concluded that Announcements,lawsuits,and confirmation of other vouchers can all be notified;it can be concluded that Announcements,lawsuits,and the confirmation of other vouchers can all be the notification of creditor's rights transference.Thirdly,a special description of the contents of the notification of creditor's rights transference in the factoring contracts has been categorized.Finally,it sorts out the doubts in the factoring contracts concerning the timing of the notification of creditor's rights transference.The fourth part discusses the effectiveness of the application of the rules of the notification of creditor's rights transference in factoring contracts.It mainly analyzes and discusses the three aspects: the effectiveness of the notification of creditor's rights transference to the grantor and the assignee,the effectiveness of the notification of creditor's rights transference to the debtor,and the effectiveness of the notification of creditor's rights transference to third parties outside the debtor.The fifth part is a summary.By reflecting on the applicability of the notification of creditor's rights transference in the factoring contracts,based on the summary of the first four parts,the perfect path for discussion of the theory of the rules of the notification of creditor's rights transference is: on the one hand,the basic rules of the notification of creditor's rights transference should be explained and redesign;on the other hand,it should introduce special unified regulations for new transaction types such as factoring business.