Legal Analysis Of Receivable Pledge

Receivable is an important part of small and medium-sized enterprises’ assets.In 2007,our country promulgated the Property Law of the People’s Republic of China,the law complies with the trend of development of China’s market economy,and ascertain receivable pledge systems in the property law system,especially the most active security property domain.It legalize receivable which is critical to the development of small and medium-sized enterprises to the guarantee financing.To a certain extent,ease the problem of small and medium-sized enterprise financing,and it has positive theoretical significance and practical significance.However,the current law of our country is not perfect for the regulation of accounts receivable pledge.The theoretical and practical scholars also have different understandings of many legal issues involved in the pledge of receivable,there are also many legal risks in the practice of accounts receivable pledge.These have largely restricted the development of accounts receivable pledge.Based on judicial practice,this article discusses the scope of receivable,the publicity system and the realization of the pledge rights.Analysis the existing problems in the pledge of accounts receivable,and put forward the solutions,In order to make it play a better role in China’s social economy.This paper is divided into four parts.First,the introduction mainly introduces the background,research significance,previous research results and the methods of the topic.Summarizes the existing research of Chinese scholars and points out the research direction of this paper.Secondly,sort out the current situation of the legislation of accounts receivable in China and combined with typical cases in practice,points out the low legal level in the range of accounts receivable,the future accounts receivable and the right of charge imply indistinctness.Compare and analyze the future receivables and the right of charge,to define the future accounts receivable as the subject matter,and set the right of charge and the receivables equal to the right of pledge.Thirdly,compare of accounts receivable pledge in different countries,and combine with the defects in our public system,suggested that the law should be improved on the basis of unilateralism,clear registration form,and build debtor notification system for accounts receivable.In the end,through analyze relevant cases,this paper puts forward some measures to solve the problems and existing risks in the realization of the quality right of accounts receivable.