Analysis On The Legal Problems Of The Notice Of Transfer Of Factoring Accounts Receivable

Although the Civil Code stipulates the rules for notification of the assignment of receivables in factoring business,and the factor has the right to send a notice of assignment of receivables to the debtor,the Civil Code does not stipulate the nature,form and content of the notice of assignment of factoring receivables.The notification of assignment of claims is a very important and complex issue,which is related to how to understand and accurately apply Articles 546,764 and 768 of the Civil Code.In the assignment of factoring receivables,in addition to the rights and obligations between the receivables creditor,the debtor and the factor,conflicts will also arise on the interests of third parties such as other factors and other creditors of the receivables creditor.The system of factoring notification of assignment of receivables requires,first,to clarify the general theory of notification.Article 764 of the Civil Code stipulates that the factor has the right to issue a notice of assignment,whether this provision only applies to factoring business,then it is worth exploring whether the assignee also applies this provision in the general assignment of claims.In terms of the form of notification,whether announcement,registration and litigation can be regarded as a notice of factoring receivables assignment.Treating the announcement as a notice has a certain historical and special nature,belongs to an emergency policy,and is not universal;Whether the action can be regarded as a notice should distinguish whether the debtor through the action can know the fact of the assignment;Whether registration can be regarded as a notice from a legal point of view,the law does not clearly stipulate that the assignment of claims must be registered,and registration cannot produce anti-exclusive effects;In judicial practice,the effect of registration cannot play the legal effect of notification.In terms of the content of the notice,whether it is judicial practice or Article 764 of the Civil Code,the content of the notice must be clear,and the transfer of accounts receivable must have the necessary documents.There are many problems in the effectiveness of the factoring receivables assignment notice,and the effectiveness of the factoring receivables assignment notice is analyzed from the two aspects of internal effect and external effect.Then,the effect of factoring receivables assignment notice in multiple transfers is discussed,the effectiveness of notices is reconstructed by comparing extraterritorial legislation,the value of priority in multiple assignments is measured,and the positioning of the validity of registration and notification in Article 768 of the Civil Code is reflected.Finally,the effect of the notification of assignment of unqualified receivables,the effect of notification in covert factoring,and the premise of future notification of assignment of receivables are discussed.