Research On The Future Claims Assignment

Future claims are an important part of the subject matter of modern property transactions,and with the further development of market economy,the assignment of future claims has become more and more common in asset securitization,factoring and other commercial financing instruments.As the result of the development of the claim assignment system,the future claim assignment has also experienced the process from negative to affirmative,and has given rise to many legal issues such as the validity of the future claim assignment and the subordination of the effect.Due to the special characteristics of future claims,such as uncertainty and delay in occurrence,there are differences in the basic concept,assignability,nature and validity of future claims compared with the general assignment of claims.Theoretically,the future claim assignment breaks the view that a person cannot assign what he does not own,and makes the unincurred claim assignable to a certain extent,which to some extent challenges the legislation and practice.In practice,due to the gaps in the legislation of future claims and the lack of systematic application rules,future claims will face many legal risks,such as the legality of the act of future claims,the risk of conflict of rights,etc.,which will also cause confusion in judicial decisions.This paper starts from the analysis of the basic concept of future claims,discusses the definition,theoretical classification and typical practice pattern of future claims,and defines future claims.On this basis,we discuss the alienability of future claims,the nature of future claims and the effective point,and outline the scope of this paper from the review of the existing academic views.The second part examines the practical cases of future claims assignment,adopts the sample case analysis method,collates and analyzes the number of cases and geographical distribution,the court’s decision and interpretation path,and draws out the legal problems in judicial practice.The third part discusses the legal issues of the prerequisites for the validity of the assignment of future claims,the effectiveness of the debtor,and the subordination of the effect of the conflict of interest by combining the basic theory and judicial practice of the assignment of future claims,and collating the different views of the courts and the doctrine.Finally,on the basis of summarizing the previous conclusions,it is clarified that future claims can be assigned in principle,but in order to protect transaction security and prevent excessive assignment,the scope of future claims that can be assigned should be limited;the assignment of future claims should take effect when the claim actually occurs,and the assignor should give notice to the debtor when the claim actually occurs;an attempt is made to draw on the registration system and the bankruptcy isolation mechanism to solve the problems between the assignor of future claims,the assignor and the bankruptcy administration.The registration of future claims should be allowed to unify the registration system of future claims and pledge of receivables,and connect with the movable security system,and make use of the public notice function of registration to regulate creditors’ malicious multiple assignments of claims and determine the rights of future claims.