Study On The Transfer System Of Factoring Contract Receivables In China

In response to the needs of the times,the Civil Code devotes nine articles to the general issues of the assignment of receivables from factoring contracts in Chapter 16 of the Contract Series,but does not give clear answers to important questions such as what kind of receivables will be transferable and what necessary documents are required when the notifying entity sends a notice of assignment.There are still disputes between academic and practical circles over the coordination rules for conflicts of rights and the regulation of the exercise of the rights of factorers in factoring with recourse.Starting from the existing problems,this thesis studies the improvement path of the receivables transfer system of factoring contracts.The purpose is to solve the problems of inconsistent application of rules and inconsistent adjudication standards in current judicial practice.While enriching and deepening the research on the receivables transfer system of factoring contracts,we will promote the sustainable and healthy development of the factoring industry.In addition to the introduction and conclusion,this thesis includes four parts:The first part expounds the general problems of the transfer of accounts receivable under factoring contracts.Starting with the definition of accounts receivable transfer in factoring contract,the nature,effectiveness and value of accounts receivable transfer are studied.This thesis focuses on the nature of recourse factoring receivables assignment,and this thesis argues that the "creditor’s assignment and security theory" is more in line with the interpretation of the system,legislative positioning and the actual situation of recourse factoring.The second part explores the current situation and existing problems of the receivables assignment system for factoring contracts.The current situation includes the current state of legislation and the status of the judiciary;The main problems include deficiencies in the rules governing the transferability of receivables,limitations in the provisions of notices of assignment of receivables,ambiguity in the rules governing the coordination of conflicts of rights,and ambiguity in the exercise of the factor’s rights in recourse factoring.The third part investigates the system of accounts receivable assignment of factoring contracts in foreign countries.By examining the relevant provisions of German law,Japanese law,American law and international treaties,it is concluded that China’s factoring receivables assignment system should adopt a dynamic and systematic approach to determine the eligibility of receivables,give the transferee the right to issue a notice of receivables assignment,establish the principle of priority in the registration of receivables assignment,and deny that the factor’s exercise of recourse constitutes anti-assignment.The fourth part puts forward suggestions for improving the receivables assignment system of factoring contracts in China.In terms of improving the rules for the assignment of accounts receivable,the accounts receivable that will be receivable are receivables that have not yet been generated and are likely to arise in the future,and whether they have a high probability of occurrence should be judged by taking into account various factors,and the effective point of their assignment is when the assignment contract takes effect;In terms of refining the notification provisions for factoring receivables assignment,the subject of receivables assignment is expanded to the assignee,and the necessary certificate is in the form of "notice of assignment of receivables issued by the transferor";In terms of improving the coordination rules for conflicts of rights in the factoring receivables assignment system,it is necessary to clearly give the countervailing effect of the receivables assignment registration,and then establish a unified registration system based on the receivables pledge registration platform;In terms of improving the norms for the exercise of the factor’s rights in recourse factoring,the method of credit limit approval is introduced to regulate the conditions for the factor to exercise the right of recourse,stipulating that the receivables creditor and the receivables debtor are not genuinely jointly and severally liable to the factor,and clearly ensuring that the recourse exercise by the recourse will not produce the consequences of counter-assignment.