Research On The Legal Issues Of The Future Assignment Of Creditor’s Rights In Commercial Factoring

Factoring business originated from export agency business,and developed to maturity in the UK and the United States.Factoring was introduced in China to deal with international trade settlement.However,after nearly ten years of development,factoring has gradually developed into a comprehensive financial service integrating financing,management of receivables,collection of receivables and payment guarantee of debtors.According to the different developing subjects,there are also differences between bank factoring and commercial factoring.The core of commercial factoring is the transfer of receivables,which is represented by the transfer of real creditor’s rights and the transfer of future claims.Because of its unique financing advantages,the future creditor’s rights are more and more widely used.On May 28 th,2020,the national code of the People’s Republic of China was adopted,which not only affirmed the transferability of future claims,but also stipulated a series of systems matching with commercial factoring.Although the legislation has established a basic legal framework for commercial factoring,the regulation of commercial factoring business on future creditor’s rights is still slightly rough.Based on this,this paper puts forward some suggestions on the problems existing in the legislation and judicial practice of the transfer of creditor’s rights in the future in commercial factoring,and on the basis of learning from the experience of foreign countries and other scholars research results.This paper mainly studies the future assignment of creditor’s rights through the following three parts.The first part is the general theory of the transfer of future creditor’s rights in commercial factoring,which includes the meaning of commercial factoring,the definition of future creditor’s rights and the feasibility analysis of the transfer of future creditor’s rights in commercial factoring.The second part is about the current situation and problems of the future assignment of creditor’s rights in commercial factoring.From the perspective of the current legislation and judicial judgment,it summarizes the legal problems of the future assignment of creditor’s rights in terms of the conditions of assignment,the notice of assignment,the registration of assignment and the protection of the debtor’s rights after assignment.The third part is to improve the legal suggestions of the future assignment of creditor’s rights in commercial factoring,which is the focus of this paper.By referring to the relevant foreign judicial practice and combining with the characteristics of the future transfer of creditor’s rights,this paper puts forward some suggestions: first,about the transfer conditions.In terms of subject and object,the assignor and the assignee are defined as the producer and the commercial factoring company respectively.In terms of object,it is emphasized that the transferred future creditor’s rights must be identifiable when the contract is concluded;Second,the notice of transfer.In order to protect the interests of commercial factoring companies,it is necessary to establish the advance notice system,which limits the way of advance notice to the way of announcement,and expands the object of notice to the fund trustee;Third,transfer registration.Our country has established a unified registration system of real estate and right guarantee,which can improve the registration subject and registration items of future creditor’s rights transfer registration with the help of unified registration rules.The fourth is about the protection of the debtor’s interests after the transfer.The right of defense and right of set off are important contents of debtor protection.On the basis of respecting the particularity of future assignment of creditor’s rights,the occurrence time of defense and cause of set off should be defined as before the realization of future creditor’s rights.