Research On The Judicial Application Of Accounts Receivable Transfer In Factoring

The independent chapter of factoring contract was added as a typical contract in the Civil Code.Although it was a great benefit for factoring,but it was short in length and there were still many problems to be solved.This paper focuses on "accounts receivable transfer",the core of factoring,and discusses four common problems in practice.One is the problem of inaccurate accounts receivable,combined the analysis of typical cases with the relevant provisions of the Civil Code,it is concluded that the evaluation of the effectiveness of factoring contract is not affected by the effectiveness of the underlying contract,and further analyzes the application of the rule that false accounts receivable shall not oppose the factoring in good faith;The second is future accounts receivable;The third is the problems existing in the notice rules of accounts receivable transfer;Fourthly,I discussed the application of the principle of priority of registration in factoring,which is established in the civil Code,and analysis some legal effects arising from the competition of rights under multiple alienation.