On The Legal Nature And Application Of Assignment Of Account Receivable In Factoring Contract

The factoring contract is a well-known contract newly added to the "Civil Code" of my country,and its core business is the assignment of accounts receivable.Prior to the promulgation of the "Civil Code",the legal nature of the assignment of accounts receivable from factoring contracts was not uniformly recognized in academic and judicial practice,which led to the determination of the entity of factoring contracts in judicial practice.The legal effects are also different,such as whether the fictitious basic creditor’s rights affect the validity of the factoring contract,the identification of the first person responsible for liquidation that a factoror can request,and whether the right of recourse and the right of claim can coexist.The validity of the issue.The factoring contract contains three legal subjects and multiple legal relationships,which are more complicated,and these legal relationships are developed around the assignment of accounts receivable,which makes the legal nature of the assignment of accounts receivable in academic and judicial practice exceptional Pay attention.However,scholars do not agree on the legal nature of the assignment of accounts receivable.Some consider the legal nature of assignment of accounts receivable as assignment of creditor’s rights,some as indirect payment,and others as The assignment of creditor’s rights is more confusing.The reason is that before the promulgation of the "Civil Code",there was no unified and complete legislation to systematically stipulate factoring contracts.This led to the fact that in judicial practice,the basis of the request of the court is also different.There are applicable provisions of the "Contract Law" such as general provisions on assignment of claims,as well as applicable local regulations and internal regulations of the industry.However,the assignment of corresponding accounts receivable is different from the basis of the applicable claim rights,which results in corresponding accounts receivable.The identification of the legal nature of the grant is not uniform.According to the provisions of the Civil Code,in a factoring contract with recourse,the legal nature of the assignment of accounts receivable should be recognized as a guarantee for the assignment of creditor’s rights;in a factoring contract without recourse,the account receivable The legal nature of the assignment should be deemed to be the assignment of creditor’s rights.Regarding the issue of fictitious claims,it is obvious that the general theory of assignment of claims cannot be applied.Therefore,the "Civil Code" has made special provisions on it.Except for the fact that the factoror knows the fictitious claims,it can apply to the accounts receivable of the fictitious claims.The debtor claims the right to claim settlement of accounts receivable;regarding the order of claims,in a factoring contract with recourse,the factoring party is not restricted by the order of claims;about the factoring of accounts receivable On the issue of whether the debtor’s right of claim and the exercise of the right of recourse against the creditor of the accounts receivable can coexist,it should be deemed that the two can coexist.These regulations not only effectively resolve the differences in practice and academic theory,and have the legal effect of determining divisions and stopping disputes,but also make the entire civil law system correspond to each other.