Research On The Notice Of Receivables Assignment In Factoring

Factoring is essentially a special assignment of claims,in which notification of the assignment of receivables is a requirement for the assignment of claims to be effective against the debtor.The notice given by the factor identifying itself and providing the necessary documents is valid,but it is not clear what "necessary documents" should be attached.Therefore,it is necessary to study and improve the subject,content and form of the notice of assignment of accounts receivable.Firstly,the basic theories such as the nature and function of factoring receivables assignment notice are analyzed,and the problems existing in the current credit assignment notification rules are summarized and analyzed according to the relevant cases of factoring receivables assignment notice.Secondly,with regard to the effect of the notice of factoring receivables assignment,it is clear that the contract takes effect immediately according to law,and analyzes the effectiveness of the original creditor and factor,the effect on the debtor and the third party,and selects multiple factoring as the perspective to study the effect of the notice on the third party.Starting from the three judgment criteria for determining the order of the assignee,through the analysis of Article 768 of the Civil Code,the priority order under different circumstances is explained.In addition,with regard to the relationship between registration and notification of receivables assignments,registration does not exempt the obligation to notify,and the satisfaction made by the debtor on the basis of a valid notice produces the effect of extinguishing the claim.Finally,combined with China’s national conditions and relevant foreign laws,it makes suggestions for the improvement of China’s factoring receivables transfer notification rules,so as to promote the benign development of China’s factoring business.