Research On Legal Issues Of Fictitious Accounts Receivable In Factoring Contract

As a comprehensive financial tool with both payment function and financing function,factoring plays a significant role in our country’s economic development.With the continuous development of factoring business in our country,related disputes are increasing day by day.In the process of statistics on factoring disputes,it is found that fraud risk has become the first special risk item to be affected in this type of contract disputes,and it is the second type of risk after credit risk,which is typically manifested as fictitious creditor’s rights to defraud financing funds.Various problems have seriously affected the healthy development of our country’s factoring market,and it is urgent to reflect and improve.However,our country’s legislation has always lacked specific,clear and feasible legal provisions to regulate factoring frauds such as fictitious accounts receivable.The provisions of the Civil Code on factoring contracts are mainly generalized,more refined and general.For fictitious accounts receivable,it only refers to the situation of "bad faith collusion between the creditor and the debtor",and there is no provision for fictitious accounts receivable in other situations.In the theoretical circles,the research on the related issues of factoring contracts under fictitious accounts receivable is still insufficient,resulting in the lack of practical basis for the courts in judicial practice.Based on this,the author believes that it is necessary to conduct a systematic and in-depth study on the related issues of factoring contract disputes caused by fictitious accounts receivable.This paper focuses on the relevant legal issues of fictitious accounts receivable in factoring contracts.The first chapter is the introduction.The second chapter analyzes the general basic theory of factoring contracts,including the meaning and classification of factoring contracts and an overview of accounts receivable under factoring contracts.The third chapter summarizes the situation of fictitious accounts receivable in false financing disputes and the status quo and characteristics of related disputes in terms of quantity,cause of action,and determination of contract validity.The fourth chapter,by sorting out the problems in practice and combined with the relevant disputes in the academic circle,proposes that the validity of the factoring contract under the fictitious accounts receivable is inconsistent,the debtor’s personal responsibility is not clear,the recourse and the recourse in factoring with recourse are not clear.The rules of creditor’s rights and claims are imperfect,the standards of the factor’s review obligations are different,and the future accounts receivable conditions of the object of the factoring contract are ambiguous.Chapter five puts forward the following improvement suggestions in response to the above problems: clarify the impact of fictitious accounts receivable on the factoring contract,and the fictitious accounts receivable when the factoring party is not aware of it will not affect the validity of the factoring contract.When the factoring party knows about or participates in the fictitious act,the factoring contract is invalid;when both the debtor and the creditor collude to fabricate accounts receivable,the debtor shall bear the tort liability,and in the case of non-malicious collusion but there is confirmation and commitment,the debtor shall bear the liability for repayment according to the scope of its confirmation;When claiming rights relief,the factor affirms its right to seek compensation together,and on this basis determines that the creditor and the debtor will ultimately bear the unreal joint obligation;Regarding the review obligation of the factoring party,clarify the reviewing obligation of the factoring party from the scope and form of the review;further clarify the transferable conditions of the future accounts receivable of the contract object from the subject conditions and eligibility criteria,and prevent fictitious Occurrence of accounts receivable.