Research On The Conflict Of Rights In The Transfer Of Accounts Receivable

The static creditor’s right is the credit link that connects the trading subjects,while the dynamic creditor’s right transfer is to fully tap and utilize its inherent property value,and to exert its benefit principle of "utilizing everything".As a kind of intangible property,account receivables can realize financing needs without real possession.More and more companies choose to finance account receivables in various ways to maximize the use of funds.The full use and vigorous development of accounts receivable are inseparable from the escort of the legal system.The performance of accounts receivable financing in the legal system is the circulation of money claims.However,the current ambiguity and gaps in the legal system not only reduce judicial efficiency,but also hinder the financing efficiency of accounts receivable.In particular,various financing methods that use accounts receivable as the target will produce complex rights conflicts.The priority compensation rules urgently need to be clarified in the legal system.There are five chapters in this article.The first chapter introduces the development background of accounts receivable financing and the practical and theoretical significance of constructing a legal priority system for receivables financing settlement order.Chapter 2 discusses the theoretical basis of accounts receivable financing,defines the connotation and extension of accounts receivable,and discusses the reasonableness of accounts receivable,especially the rationality of future accounts receivable financing.From the perspective of the perspective,we will discuss the changes in the legislation attitude towards the future accounts receivable from outside the country,demonstrate the legislative options suitable for our country,and make a typological analysis of the financing methods of the accounts receivable.The third chapter analyzes the causes and performance of typical rights conflicts in the financing of accounts receivable on the basis of typification.This part aims to find the crux of the problem and lay the foundation for the following solution path.Chapter 4 starts from the current situation of China’s receivables financing rights conflicts and conducts a horizontal comparative study with foreign legislation status,including the legislative examples and practical experience of the Anglo-American legal system and international trade on issues related to receivables financing.Summarizes our country’s legislative choices.The fifth chapter aims at the dilemma of conflicts in my country’s current account receivable financing.Under the era vision of the promulgation of my country’s "Civil Code",it proposes the legislative construction of my country’s account receivable financing.Many property functions and values generated by accounts receivable financing must also be carried by legal and appropriate legal rules in order to maximize their efficiency.China is in the period of compiling the "Civil Code",the "Civil Code Contract(Draft)" newly added the provision of a factoring contract chapter,trying to solve the conflict of rights in the multiple transfer of accounts receivable,However,the conflict of rights in the financing methods of accounts receivable covers the conflict of order rules of the related systems such as the granting of creditor’s rights,the pledge of creditor’s rights,and the security of movable property.The "Divisions of the Civil Code(Draft)" did not respond to the above conflicts of rights.This article will combine the operating practices of the accounts receivable financing method,from the perspective of the compilation of the "Civil Code",try to build clear order rules to correct the complicated path of conflict of rights.