Research On The Legal Issues Of The Transfer Of Accounts Receivable In Factoring

There have been many qualitative attempts in the academic field,including the theory of commercial agency,the theory of pledge of creditor's rights,the theory of assignment of guarantee,and the theory of subrogation.The author thinks that in order to make an appropriate legal positioning and give an accurate legal application to our factoring,we should analyze the causes and disposition of creditor's right assignment in factoring by centering on the core fact of receivables assignment and taking creditor's right assignment as the theoretical starting point.On this basis,this paper holds that the reason behavior of financing factoring is financial loan,the reason behavior of maturity factoring is bond sale,and the reason behavior of other factoring is trust agreement.The disposition of factoring is the assignment of creditor's right.In the second charpter,the assignment of creditor's right with recourse and assignment of creditor's right without recourse in financing factoring are respectively explained.Although the civil code(draft)has already stipulated the two,there is still a dispute on the interpretation and application of the two,which is embodied in whether the interpretation of the assignment of receivables with right of recourse is the guarantee of assignment,indirect payment or the guarantee of the factoring applicant The article tries to explain the direct cause of the transfer of accounts receivable from the two paths of debt repayment and debt sale and explain the essence of the parties' agreement on the right of recourse from the perspectives of new debt repayment and assignee's guarantee.When the parties agree on the right of recourse,the applicable results of the two interpretation paths are consistent.But in cases where the right of recourse is unclear,whether from the perspective of rationality of transaction structure,or from the inner meaning of the parties,the interpretation of the difference between datio in solutum agreement and new debt settlement agreement under settlement agreement has the incomparable advantage of additional guarantee for the sale of creditor's rights.In the third charpter,in the face of the current transaction of accounts receivable leads to the current conflicts of accounts receivable rights,although according to the existing debt assignment rules can effectively solve the conflicts of rights in accounts receivable.However,it inevitably leads to the increase of fraudulent transaction places,the failure of the parties' transaction purposes,the increase of transaction costs and other consequences,hindering the further development of accounts receivable financing transaction places.Facing the trend of the real right of creditor's rights in the transaction of accounts receivable,as well as the lack of the third party protection of accounts receivable,it is necessary to establish the transfer of accounts receivable publicity system.Combining the existing rules of assignment of creditor's rights in China and the particularity of accounts receivable transaction,this paper refers to Law Relating to Expectation to the Requirements for the perfection of Assignment of Receivables under the Civil Code,to provide the assignment registration of accounts receivable with exoteric effectiveness against the third party other than the debtor.