Research On Notification Rules Of Accounts Receivable Transfer In Factoring Contract

In order to meet the needs of practice,the civil code has added a new legal system of factoring contract,but as a key link of factoring business,the civil code has no clear legal guidance and only stipulates that the relevant provisions on the transfer of creditor’s rights are applicable.Due to the particularity of accounts receivable transfer,which is different from the general creditor’s rights transfer,the existing creditor’s rights transfer rules are difficult to adapt to the actual operation of factoring business.Under the background of scattered discussion on the notice of creditor’s rights transfer and the absence of the rules of the notice of accounts receivable transfer,there are different judgment standards and different judgments in the same case in the judicial practice.In the notice of accounts receivable transfer,there are some problems,such as unclear notice subject,imperfect notice form,incomplete notice content,unclear notice time and so on.Considering the composition of the notice of assignment of accounts receivable,we should take into account the transaction security and efficiency,and balance the legitimate rights and interests of the factoring,the transferor and the debtor.In the notice of assignment of accounts receivable in factoring contract,both the factoring party and the transferor should have the status of notification subject,and the right of notification of the factoring party should be limited to protect the debtor.Notice in written form is more reasonable.Meanwhile,litigation,announcement and registration can be used as special forms of notice to promote the circulation of creditor’s rights.The content of the notice can have legal effect on the debtor only if it has substantive elements.The accounts receivable should have the elements of certainty,authenticity and transferability,and the transferee should meet the elements of certainty and authenticity.The starting time and ending time of the notice shall be appropriately expanded.The notifying subject may send a notice to the debtor before the actual formation of the creditor’s rights of accounts receivable,and in the case of unliquidated debts,it may send a notice to the debtor after the expiration of the performance period of the creditor’s rights.