Study On The Legal Issues Of Transfer Of Accounts Receivable In Factoring Contract

In the contract section of the Civil Code,factoring contracts are listed as a special chapter for contracts.In the third chapter,factoring contracts are considered as a representative type of contract for the first time.At the same time,articles 761 to 769 of chapter 16 specifically describe the relevant content of factoring contracts.The above amendments are also seen as an important change in the Civil Code,further highlighting the key impact and prominent role of minimum guarantee contracts in modern economic and legal life.Especially in the increasingly severe economic environment,enterprises can use contracts to expand new financing channels,further providing a certain easing effect for the tension in the enterprise capital chain.The timely amendments and adjustments made by the Civil Code to the new financing model of "factoring" can,on the one hand,better adapt to the growth in the demand for transactions related to factoring contracts in the financial market,and on the other hand,provide protection for enterprises to carry out diversified financing activities from a legislative perspective.However,considering that the form of factoring and financing transactions in the financial market is very complex and there are multiple forms of transformation,it is difficult to make timely and effective market responses from the perspective of legal norms,which is also some practical difficulties encountered in current factoring contract practice.In addition,the provisions of the Civil Code on accounts receivable,the core of factoring business,are sketchy and lack a definition of basic theories.Therefore,there are still significant disputes in both judicial practice and academic circles.As an important issue in legal disputes,factoring contract receivables are of great significance in ensuring judicial objectivity and fairness.Therefore,it is necessary to systematically summarize and summarize the existing legal disputes.This article systematically expounds the common problems in the transfer of accounts receivable under factoring contracts through the methods of literature and case analysis,and provides a systematic analysis combined with specific cases.This article first describes the background,significance,purpose,content,methods,and other framework content of the study,discusses the basic concepts of factoring contract receivables,and systematically reviews the existing research progress at home and abroad.Then,based on in-depth analysis of the issues,it accurately grasps the four common issues in the current stage of factoring contract receivables transfer,and provides specific analysis,Identify the current problems in factoring contract receivables and provide reasonable suggestions.The research in this article can,on the one hand,provide a systematic theoretical basis for the judicial practice of the legal issues related to the transfer of accounts receivable under factoring contracts,and on the other hand,provide corresponding theoretical and practical guidance for the legislative work of accounts receivable under factoring contracts in China.