Research On The Legal Issues Of The Transfer Of Accounts Receivable In Factoring Contracts

The third part of the Civil Code stipulates factoring contracts as a typical type of contract for the first time,and in Chapter 16,Articles 761 to 769 of the contract,the factoring contract is The relevant content is specifically stipulated,and this increase is one of the important changes in the Civil Code.It also reflects the important position of factoring contracts in modern economic and legal life,because under the pressure of economic downturn,in order to alleviate the pressure on cash flow,enterprises can use factoring to raise funds and realize funds before the due date of accounts receivable.Facility.The "Civil Code" ’s timely response to the new financing model of "factoring" not only meets the transaction needs of the financial market,but also provides legal protection for improving the financing environment of enterprises.Nevertheless,in view of the complex,diverse and changing ways of factoring financing transactions in market activities,and the legal norms are often stable,abstract,and lagging behind,it is difficult to respond to market changes in a timely manner,so it is also an important factor for factoring contracts in practice.A series of questions came.Therefore,this thesis conducts a more in-depth study on the problems existing in the transfer of accounts receivable under factoring contracts.Except for the introduction,this T is divided into four parts:The first part systematically analyzes the general problems of factoring contracts.It mainly discusses the origin,development track and problems existing in the development of the factoring business in my country,the definition and characteristics of the factoring contract,the identification of the legal nature of the factoring contract,the classification of the factoring contract,and the subject matter of the factoring contract-receivables.The connotation of accounts and other issues are studied and discussed,and preliminary conclusions are drawn.The second part lists the main problems encountered in the practice of factoring.Such as the nature of the transfer of accounts receivable factoring contract that is differ,and the future receivables do factoring the eligibility of,fictional accounts receivable transfer of legal effect and the related rights conflict in transfer of accounts receivable and a priority issues,etc.,to carry out the system is discussed and the research,reveals the causes of these problems,forms,etc.The third part summarizes the mature legal system and effective practical experience of foreign laws and regulations on factoring contract receivables transfer by referring to classic works and articles at home and abroad.Specifically referring to the provisions of foreign laws and regulations on the receivables system of factoring contracts and the rights conflict of receivables transfer,this paper conducts a preliminary study on the problems existing in the practice of receivables transfer of factoring contracts listed in part ii.The fourth part,on the basis of the "Civil Code" and the judicial interpretation of the guarantee system,combined with the reference of the mature research results and legislative experience in the third part,proposes solutions to the problems of the second part.For example,the assignment of accounts receivable under the factoring contract should be defined as the assignment of creditor’s rights in a broad sense,including the assignment of guarantee and assignment;Relative certainty and reasonable expectation;the factoring business of fictitious accounts receivable is valid when the factor has fulfilled its review obligations and is in good faith;the accounts receivable of the factoring contract and other movable property pledges with a guarantee nature are used uniformly order rules.