Research On Several Issues Concerning The Notification Of Factoring Accounts Receivable Assignment

Factoring is a specific service in commercial activities,and it is also a modern form of service that adapts to the current development trend of the international economic system.The scope of factoring business of factoring has gradually changed from the original basic business such as accounts receivable collection and management.Expanding to the areas of financing and credit guarantees,the content of factoring business has also been popularized and developed in practice.In practice,according to the differences between factoring businesses,factoring can usually be divided into multiple types.For example,factoring can be divided into batch factoring business and case-by-case factoring business according to the factor’s credit limit.The disclosure of factoring to the debtor can be divided into explicit factoring and hidden factoring;according to whether the factoror chooses to share the credit risk corresponding to the debtor,it can be divided into repurchase factoring and buyout factoring.From an overall perspective,the core content of factoring business is the transfer of accounts receivable,and the essence of the transfer of accounts receivable is the assignment of creditor’s rights.However,compared with ordinary assignment of claims,the transfer of accounts receivable in factoring still has special features.No matter from a theoretical point of view or a practical point of view,it is not possible to directly copy the corresponding operations of ordinary assignment of claims for processing.Taking into account some special issues in legal practice,such as "what is the necessary document for the notification of the factoring person","whether there are special features in the transfer notice in special factoring" and other issues that are quite controversial in practice,This article has dedicated some chapters to analyze and study these types of issues.In addition,the Factoring Contract Chapter of the Civil Code of my country specifically stipulates that the factoring party has the right to make notice,but the notice must be accompanied by the necessary proof of identity.However,the "Civil Code" does not clearly stipulate the specific form requirements of the necessary documents and the various elements of the notification of the transfer of accounts receivable,which has led to many disputes in factoring practice.Based on the above issues,this article is based on the rules for notification of assignment of ordinary claims,combined with specific case types in factoring practice,to conduct research on the notification of the transfer of factoring accounts receivable.In addition to the introduction,this article is divided into five parts.The first part makes a comprehensive discussion on the subject of the transfer notification of factoring receivables and the necessary vouchers.First,clarify the subject of the notification of the transfer of accounts receivable,whether the factorer has the right to notify and analyze the corresponding legal consequences;secondly,the author’s in-depth analysis of the necessary documents for the notification of the factor,as mentioned above,The Civil Code does not have any explicit provisions on the form and content of the necessary vouchers to notify the factor,which leads to the fact that the factor has no specific legal basis to refer to in practice and it is not convenient for it to realize its rights.Therefore,this section first summarizes the types of necessary documents in practice,and evaluates each type.Finally,I return to thinking about our country’s legislation.The second part discusses the form of the notification of the transfer of accounts receivable,combined with the analysis of different international legislation,and lists the legal norms for the notification of the transfer of accounts receivable in the practice of international factoring.The other notification forms and basic content of the factoring accounts receivable transfer notification in the article were discussed in depth.The third part discusses the transfer notification of accounts receivable in special factoring business and some specific issues involved in factoring practice.The first section analyzes the advance notice in the batch factoring business,and demonstrates the method,effect,and effective time of the advance notice.The second section describes the delayed notice in the hidden factoring.Finally,it explains what is the second notice in the factoring business with recourse.In the fourth part,the author analyzes the relationship between factoring accounts receivable transfer notification and registration,from the perspective of the current law,draws the conclusion that my country has established the coexistence model of accounts receivable transfer notification and registration,and pointed out that the coexistence model is in There are three shortcomings in the management business: the infeasibility of notification,the high transaction cost,and the high risk of fraud and forgery,and the corresponding improvement suggestions are put forward in the last section for these shortcomings.The fifth part is the conclusion part.From the perspective of sustainable development,the author puts forward certain opinions on the follow-up development of factoring business based on my country’s national conditions,so that the opinions of this article can be used in practice.From an innovative point of view,this topic creatively uses factoring accounts receivable transfer notice as the research object,and the entry point is relatively small.At the same time,it also combined the content of civil law theory,put forward the problems that still existed in the notice of the transfer of accounts receivable,and put forward certain countermeasures,and strive to promote the long-term development of factoring business.As far as research methods are concerned,this thesis adopts methods such as case analysis,comparative investigation,and inductive summary methods to integrate all aspects of information with systematic thinking.According to the Civil Code and legal practical cases,this paper analyzes the judgments of such cases.The thinking mode in the process,thereby adding credibility to the argument of this article.