Study On Basic Issues Of Pledge Receivables

The Real Right Law promulgated in the year 2007,has establisheed pledge receivables.Although the law has enabled accounts receivable to pledge,on account of rough articles of law and non-operationality,it is just some kind of declaration legally.The paper uses theory and experience at home and abroad for reference,and applies comparative method and normative analysis ,to discuss pledge receivables in three parts:Part one,conception of accounts receivable and object of pledge receivables .according to analysis, accounts receivable in the law is different from accounts receivable in the accounting.Accounts receivable gaining in the future can be pledged.Despite real property earning right can be pledged,but does not belong to pledge receivables,because real property earning right is not equal to accounts receivable.Part two,some arguments about establishment of pledge receivables.The section contains four parts.The provision about" pledge receivables should be in a writing form"is a advocate-provision.Author offer some legal advice:mortgagor should inform garnishee in written form after establishment of pledge,if difficult or impossible to notice,notice should be in the appropriate media.Pledgee may also inform the garnishee,however, the evidence should be issued.Pledgor fails to perform the notification obligation, the pledgee may refuse to issue loans in the future, other than accounts receivable gaining in the future.On the delivery of debt instruments,it does not matter as the elements to set up accounts receivable,and does not have the role of publicity,but the effect of mortgagors' Limitation of rights is reasonable,although the law does not provide,but the parties may agree to the delivery of debt instruments in the contract.In addition, in the pledge accounts system,Legislation does not give the necessary credibility of the registration."Pledge to enter into force upon registration"model can be adopted,therefore, the rules of registration requirements should not be replaced by the rules of registration resistance. Part three,achievement of pledge receivables.Author introduces rule of direct charge,and explores the possibility and conditions of the "discount, sale, auction" .