A Study On The Legal Nature Of Receivables Transfer In Factoring Contract

Factoring,based on the receivables generated from the sales or service contracts in the process of business transactions,is a series of financial services,which includes trade financing,sales ledger account management,full protection against bad debts and so on.Due to its multiple advantages,such as widely used by enterprises,improving fund use efficiency,coming from trade and finance,closely link to supply chain,promoting win-win of enterprises in all aspects and so on,it is now playing an increasingly important role in economic activities.However,late as the start was,there are more and more disputes related to factoring in China,of which the reason is imperfect relevant laws and regulations and loose supervision.In addition,the legal relationship of factoring business is relatively complex,the judgment of factoring related cases in judicial practice varies a lot.One of the major problems is that the understandings on the legal nature of receivables transfer of factoring contract differed in views,and the arising problems of order and scope of the claim for payment obligations of factoring subject.Based on the legal relationship in the transfer of receivables of factoring contract,under the premise of ensuring the legal relationship between the creditor of the contract receivables and the factoring agent for the transfer of receivables,analyze current legal nature of the transfer of accounts receivable on the factoring contract including transfer of creditor's rights,the guarantee of creditor's right or indirect paymentand.Then on the analysis of the main points about the legal natureof the transfer of receivables of factoring contract,the views on the legal nature of the transfer of receivables of factoring contract and the solutions to the relevant problems are put forward.The content of the article is mainly divided into three parts.The first part introduces the typical cases in judicial practice to lead to the divergence of the legal nature of my country's transfer of accounts receivable in factoring contracts.The second part analyzes the legal relationship in the transfer of accounts receivable in factoring contracts with recourse and factoring contracts without recourse,and considers that creditors and factoring of receivables in factoring contracts with recourse The relationship between them is a loan relationship;in the factoring without recourse,the two are the relationship between the purchase and sale of receivable claims,thus paving the way for the later determination of the legal nature of the transfer of receivables in factoring contracts.The third part is based on the analysis of the main point of view of the legal nature of the transfer of accounts receivable in factoring contracts,and considers that the transfer of accounts receivable in factoring contracts with recourse is essentially an indirect payment;the accounts receivable in factoring contracts without recourse The essence of the transfer is the assignment of the creditor's rights,and I propose the author's views on the order and scope of the factoring claims that the factoring parties require in the two types of factoring business.