Research On The Pledge Of Accounts Receivable In The Future

Approval of the pledge of future accounts receivable has injected new vitality into the economic market,but the imperfection of the pledge system of future accounts receivable brought new problems to the judicial practice.The main problems in the pledge system of future accounts receivable include unclear entry into force requirements,unknown entry into force time,absence of notification rules,absence of responsibilities of registration bodies,unclear implementation methods,and difficulty in determining the sequence of rights conflicts.Many issues incurred in the pledge of future accounts receivable are not specified in current laws,resulting in “different judgments in the same case” in practice.In addition to the introduction and conclusion,this paper mainly consists of four parts.The first part is to analyze the basic theory of accounts receivable pledge,to define the concept of future accounts receivable,to analyze how to define future accounts receivable,and to discuss the pledgeability of future accounts receivable,so as to clarify the necessity of the construction of the pledge system of future accounts receivable.The second part is to analyze the problems in the pledge of future accounts receivable in our country,guided by specific cases in judicial practice,based on different judgments made by the courts in similar cases,and according to the provisions on the pledge of future accounts receivable as provided in current laws,to sort out the problems in the pledge system of future accounts receivable in our country,that is,unclear entry into force requirements,unknown entry into force time,absence of notification rules,absence of responsibilities of registration bodies,unclear implementation methods,and difficulty in determining the sequence of rights conflicts.The third part is to analyze the causes of the problems in the pledge system of future accounts receivable by combing the legal norms related to the pledge of future accounts receivable.The fourth part is to,from the perspective of balancing the interests of the parties concerned,determine advance specialization of the subject matter pledged by future accounts receivable;to make it clear that the pledge of future accounts receivable can be applied to achieve immediate results;to refine notification rules;to clarify substantive examination duties of registration bodies;to clarify the two ways to pledge the future accounts receivable and make the advantages of direct collection right definite as per the current judicial situation of China;and to judge the sequence relationship between the pledge of future accounts receivable and the implementation thereof in case of any conflict between them.