Research On Legal Issues Of Future Accounts Receivable In Factoring

The Civil Code clarifies the legality of future accounts receivable in factoring,but does not give the specific scope and type of future accounts receivable.Specifically,in addition to the common contract-based future monetary claims that can be subject of factoring,the legality of income rights as the subject of factoring should also be recognized,but the right to request payment arising from bills should be excluded.In terms of interpretation,there are obvious disputes over the legal nature of factoring contracts.In the absence of exceptions agreed by the parties,compared with other theories,the theory of transferring guarantee is more in line with the legal structure of factoring with recourse in the Civil Code.The legal nature of the transfer of accounts receivable,the core part,is equivalent to the transfer of creditor’s rights,which is a disposal behavior.Eligible future accounts receivable should have certain certainty and reasonable expectability on the basis that the underlying creditor’s rights are legal,real and valid.comprehensive consideration of various factors.In addition,future accounts receivable without basic relationship can also be classified as factoring business when they meet the corresponding conditions,and it is not appropriate to completely deny the factoring business without basic relationship.On the effective time of future accounts receivable transfer,it is mainly judged from three dimensions.The effective time between the parties adopts the principle of direct effect.When the assignor makes a disposition,the factor can obtain the The right to dispose of future accounts receivable;the effective time of the debtor should be based on the principle of notification,with the exception of the debtor’s knowledge;the effective time of the third party,the effect of the third party as a factoring party shall be distinguished from that of a third party other than the factoring party.The former should determine the priority of accounts receivable in accordance with Article 768 of the Civil Code,while the latter should determine the ownership of the creditor’s rights on the basis of the order in which the contractual agreement is reached.In practice,the People’s Bank of China registration platform is usually used as the default registration system for future accounts receivable.During registration,future accounts receivable can be registered specifically or in general,but should be able to reasonably identify the security property.