A Study On The Legal Application Of Factoring Contract False Receivables Transfer

he transfer of false receivables has long been a key and difficult issue in factoring contract disputes.The Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)provides a special chapter on factoring contracts.It highlights the importance of factoring contract.Through continuous research and analysis in combination with relevant legal norms of Civil Code,it is found that there are different standards and opinions in judicial judgment on the nature,form and attribution of liability of factoring,debtor and guarantor in basic contract in the fake transfer of receivables in factoring contract.These problems are mainly reflected in specific cases as the effect of debtor’s negative commitment cannot be determined,there is no unified understanding of the judgment standard of "knowing" by factoring,and the scope of liability of the guarantor in factoring contract cannot be clarified.Such problems hinder the healthy and orderly development of the factoring industry.Based on this,this paper starts with typical cases of fake receivables transfer in factoring contracts and studies the norms of fake receivables transfer in Civil Code.Analyze the causes and solutions of this kind of problems.Promote the healthy development of the factoring industry to contribute their own strength.In addition to the introduction and conclusion,this paper consists of four parts.The first part starts from the introduction of typical cases,from which we find out the existing problems in the dispute of fake factoring financing.The second part mainly introduces the definition and legal nature of factoring contract and false receivables,paving the way for the subsequent research.This paper analyzes the transfer of false receivables in factoring contract.The third part analyzes the main problems existing in the fake factoring financing disputes,including the liability of the debtor,the requirement and responsibility of the prudential duty of the factoring,and whether the guarantor should bear the liability in the transfer of accounts receivable.The fourth part,aiming at the relevant problems sorted out in the paper,analyzes the legal application of factoring contract in combination with the provisions of civil Code,and puts forward relevant suggestions on improving the transfer of false receivables in factoring contract.