A Study On Factoring Receivable Credit Transfer Legal Issues

Factoring entered the Chinese market in the 1980s and remained tepid until the"China Factoring First Case" appeared in 1996-Yunnan Textile Import and Export Corporation v.Bank of China Beijing Branch and Yunnan Branch.Only after really entering the public’s field of vision,after nearly 30 years of development,China has become the world’s largest factoring country.Commercial factoring has the characteristics of a reverse economic cycle,and has played an important role in alleviating the financing difficulties and expensive financing of SMEs and improving the commercial credit system.However,due to the late development of factoring business in China,the laws and regulations related to factoring business are not sound,and many disputes in the factoring contract have yet to be resolved.Further development.The core of factoring business is the transfer of accounts receivable,and most of the problems in practice are mainly around the transfer of accounts receivable.The notice of transfer of accounts receivable,transfer prohibition agreement,future accounts receivable,etc.are all controversial issues,which are also the main points of discussion in this article.In view of the above problems,this article based on the existing laws and regulations,a comprehensive analysis of the legislative and judicial problems of accounts receivable,and compared with relevant foreign laws and regulations,pointed out that the current legal system There are problems such as vague regulations and lagging legislation on the transfer of accounts receivable,and suggestions are made to improve the legislation of accounts receivable in factoring.