Research On Legislation Issues In Assignment Of Accounts Receivables In The Factoring Business Of Commercial Banks In China

This thesis mainly around the commercial Banks in the process of transfer of accounts receivable discusses legal issues.To keep the current commercial Banks in China should receive account transfer the problems in the process of put forward reasonable Suggestions on the legislation and practice.The first chapter mainly introduced the basic theory of commercial bank factoring,including the origin,definition,classification,characteristics,value,etc.The second chapter mainly introduces the various theories about the legal nature of accounts receivable,affirmation of the legal nature of accounts receivable is the creditor’s rights transfer point of view.And in the comparison of the accounts receivable creditor’s rights and creditor’s rights,on the basis of the difference between effective accounts receivable creditor’s rights of three Suggestions are put forward.The third chapter mainly introduces the current our country commercial bank insurance should receive payment transfer existing or possible problems,such as the integrity of the accounts receivable,multiple transfer of creditor’s rights and other issues.The fourth chapter is on the basis of considering the current problems,from the experience of the international treaties and foreign legislation of our country factoring legislation Suggestions were put forward.The fifth chapter summarizes the problems and experience of our country,forward the related proposals on how to solve the problem of the current law,such as accounts receivable to inform the subject should be the transferee,build system of receivables transfer registration,etc.