Study On The Priority Of The Debtor’s Offset Right In The Pledge Of Accounts Receivable

Article 549 of the Civil Code revises the original Article 83 of the Contract Law,adding that the sub-debtor’s set-off claims and transferred claims are based on the same contract.This provision is more elaborate in balancing the sub-debtor’s and the pledgee’s interests.The pledge of accounts receivable and the assignment of claims are common,and this provision can be applied to the priority of the offsetting rights of secondary debtors in the pledge of accounts receivable.The issue of sub-debtors’ right to offset is rarely discussed in theory.Chapter II of the article demonstrates the rationality of the system for the exercise of the right of offset under non-same contract,mainly from the best risk-bearer theory,offset right’s guarantee function and the privity of contract with the binding force of the pledge right.The third chapter is the theoretical proof of the priority of the sub-debtor’s right of set-off of the“same contract”,mainly including the implication of the synallagmatic contract and the principle of protecting the sub-debtor’s prior status.The fourth chapter is the application of Article 549 of the Civil Code.It analyzes the legal basis for offsetting the creditor’s rights no later than the passive creditor’s rights,and the provision can be applied to the contract group and interactive computing.The fifth chapter is the meaning and legislative prospect,and it is the explanation and theoretical proof of the system of absolute priority for the sub-debtor’s right of offset.