Research On Legal Issues Of Receivablesin Factoring Contracts

For the first time,the Civil Code defines the factoring contract as the only new typical contract in a special chapter,and defines the concept,content,form of factoring contract and specific rules of factoring transaction through nine articles.Although the Civil Code has stipulated the relevant rules of factoring transaction at the institutional level,there are still many problems in practice due to the abstractness and hysteresis of the law.According to the definition of factoring contract in Article 761 of the Civil Code,accounts receivable is the basis of factoring contract,and the transfer of accounts receivable is the core of factoring contract.In the commercial practice of factoring,disputes surrounding the transfer of accounts receivable emerge endlessly,so it is extremely necessary to study and discuss the disputes centered on the transfer of accounts receivable in the factoring practice.Starting from the nature of transfer of accounts receivable in factoring contract,this paper follows the logical sequence of subject of behavior(subject is not the focus of dispute,so it will not be discussed),object,behavior and effect.With the help of an extraterritorial perspective and a typed perspective,this paper will explore the transferability of future accounts receivable and false accounts receivable and its transferability boundary.At the same time,it analyzes the problems existing in the controversial transfer procedure of accounts receivable one by one and gives its reasonable suggestions.By analyzing and comparing the foreign legal provisions and the attitudes of our judicial practice to these problems,it can be concluded that the existence of no transfer clause in basic contract and false accounts receivable do not affect the validity of factoring contract,in order to be beneficial to the elaboration of judicial consensus.