Research On Legal Issues Of Future Claims Factoring

The future credit factoring is a comprehensive financial business,which is the core of the future assignment of accounts receivable.Cardvalue v.Jia xing agriculture as a typical case of future credit factoring.The law of our country does not expressly stipulate whether the future creditor's rights can be transferred.In this case,the court of second instance considered that the future claims in this case are not transferable.Therefore,the relevant contracts are invalid because they are loans rather than factoring.The idea was to decide whether the future creditor's rights have the relative certainty to determine the transferability of future credit.The standard of future creditor's rights was the source of controversy in this case.Therefore,the key to solve this case is to clarify whether the future creditor's rights can be classified as commercial factoring.And what are the requirements of the future claims factoring?The research on this legal issue can not only provide a rational reference for businessmen,but also help the supplier correctly determine how to conduct the future credit factoring in business.Finally,it can also be beneficial to the study of accounts receivable transfer.This paper mainly divided into four chapters.Chapter One begins with the analysis of the case and the court's decision.And I will focus on the decision of the second trial court and it's the referee thought.This paper mainly analyzes the legal issues involved in the case from three aspects.In the first level,we should know the definition of the future credit factoring.In the secondlevel,we should find out the constitutive requirement of the future claims factoring.In the last level,we should know how to timely and effectively perform the notice of the future claims factoring.The following three chapters is the discussion with these three parts in detail.Chapter Two mainly talks about the theoretical basis of the future claims factoring.Firstly,I will solve the problem through defining factoring,commercial factoring and the future claims factoring,and comparing the relationships between them.Secondly,analyzing the theory basis of the future claims factoring.Thirdly,analyzing the two difficulties in the concept and practice of the future claims factoring and introducing how to solve these two problems in the theoretical circle.Chapter Three mainly analyzes the constitutive requirements of the future claims factoring.Firstly,I will solve the problem by analyzing the transferability of future claims from the point of view of law.Investigating the relevant provisions of the United States,Germany and international conventions and the laws of our country.Secondly,analyzing the legal constitutive elements of the future claims factoring from the perspective of legal risk.Lastly,by listing domestic related cases,analyzing the judicial position of the court on constitutive elements.The conclusion is that the future claims factoring should be drawn with the "relative certainty" criterion and it should be limited according to the actual situation.Chapter Four mainly discusses how to make timely notice in the future claims factoring.The issues is caused by Cardvalue checked in accounts receivable transfer and registration at the people's bank of China and I will judge the validity of the action.Firstly,I will solve the problem by analyzing the nature and function of receivables transfer notice.Secondly,I will analyze the subject,time,and manner of the receivables transfer notice.