Study Of Legal Issues Of The Transfer Of Accounts Receivable In Factoring Contract

The transfer of accounts receivable is the core of the factoring contract.Factoring contract includes other financial services such as accommodation of funds,management or collection of the accounts receivable,guarantee for the payment of a debtor of the accounts receivable.These makes factoring contract complicated.The Civil Code of the People’s Republic of China（or abbreviated as“the civil code”）,which was adopted on May 28,2020,is the first civil code in China.The Civil Code stipulates Factoring Contract as a typical contract for the first time.This not only constructs the basic framework of the factoring contract system from the legal level,but also provides the standard basis and judgment methods for the factoring cases in the judicial adjudication.The thesis uses the method of empirical research to analyse the provisions about the transfer of accounts receivable and to put forward suggestions about understanding and application of the Civil Code.In the introduction part,the issues to be studied are proposed.Focusing on these issues,the viewpoints of domestic and foreign research is summarized.And the research roadmap of this thesis is showed.Also,the research methods of this thesis are explained.In the first part,the theoretical disputes on the legal nature of transfer of accounts receivable are analyzed.Four viewpoints are introduced and discussed.In the second part,the judicial situation of the transfer of accounts receivable in the factoring contract are presented.Three common issues are extracted by collecting the cases related to the legal issues of the transfer of accounts receivable in Chinese judgment online and using the method of data statistics.The first one is that after-acquired accounts receivable as the object of Factoring Contract is still controversial.The second one is the legal liability rules caused by fabricating an accounts receivable are not perfect.The third one is that the rules of fulfilling the repayment obligation for creditor and debtor need to be further clarified.The obtained data are sorted and plotted into a chart.In the third part,the different opinions of the judicial judgment are discussed and analyzed again.On the issue of after-acquired accounts receivables,this part analyzes the assignability of after-acquired accounts receivables,sorts out the two recognition standards for after-acquired accounts receivable as the object of factoring contracts in the world and puts forward the judicial practice dilemma of transfer notice.On the issue of fabricating an accounts receivable,it is analyzed by dividing into three situations.On the issue of repayment obligation rules,this part analyzes the right relief of factor,the way of liability assumption of creditor and debtor and the scope of repayment.In the fourth part,after the above practice summary and theoretical analysis,suggestions on the judicial judgment and system improvement of the legal issues concerning the transfer of accounts receivable are proposed.Corresponding countermeasures for the above-mentioned judicial practice dilemma are put forward.