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Research On The Pledge Of Account Receivable

Posted on:2015-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ShanFull Text:PDF
GTID:2296330467454137Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the Property Law and the registration system of the pledge of accountreceivable come effective, the pledge of account receivable is an excellent opportunityfor the small and medium enterprises to get a new financing channel because of itsadvantages compared to debt transfer and factoring. However, the legislation ofpledge of account receivable is not very perfect, resulting in the pledgee to achievethe right.The protection of the pledgee’s right is to make sure the scope of the rightaccording to the theory of property law, not expanding the scope through legislation.Therefore, the emphasis of the pledge of account receivable is to guarantee the rightachieved.This paper includes five chapters. Chapter one includes the necessity, status quoand dilemma of the pledge of account receivable. Chapter two discusses the factorsthat may affect the validity of the pledge of account receivable, including the deliveryof the creditor’s rights, informing the pledger,s debtor, forbidding to transfer theownership and subject. Chapter three proves the scope of the right of the pledge ofaccount receivable through analyzing the property right publication. On this basis, thischapter analyzes the rights and obligations of subjects of the pledge of accountreceivable. Chapter four proves the disadvantage of the current manners to achievethe right. Chapter five proposes several constructions of the pledge of accountreceivable.
Keywords/Search Tags:the pledge of account receivable, scope of right, fulfillment of right
PDF Full Text Request
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