保理中应收账款转让法律问题研究

发布时间：2018-05-25 22:45

本文选题：保理 + 转让通知　；参考：《华东政法大学》2016年硕士论文

【摘要】：保理业务是指供应商将其对于销售商的应收账款债权转让给保理商,从而获得保理商所提供的应收账款催收、账务管理、坏账担保以及融资等服务1。中国保理业务较其他国家开展较晚,但经过二十几年的努力,亦取得了极大的发展,在一定程度上改变了国内贸易中传统的融资方式,方便企业融通经营资金。但是,在规范保理业务的法律方面,仍然显现出地区分歧、规定零散、制度缺乏等特点。本文主要探讨保理中应收账款债权转让这一核心环节的法律问题,通过对于保理法律关系进行分析,并结合保理法律实务中的三项具体制度,挖掘实践中开展保理业务时该环节出现的法律问题,并尝试寻求解决路径。本文共分为四个章节。第一章首先通过保理法律实践中的一个典型案例,引出保理法律实务中基于应收账款转让通知这一争议点的多个问题。继而基于对于保理法律关系的探讨,明确其核心是应收账款转让,并从该角度切入,引出对于未来应收账款及禁止转让条款效力这两个在实践中颇有争议的问题的论述。第二、三、四章为保理中应收账款转让法律问题所涉及的三种制度:第二章以开篇案例为基础,分析应收账款债权转让通知制度中的主体、时间、内容、形式等细节问题;第三章主要厘清保理商在应收账款债权转让中常面临的四类权利困境和救济,并结合他国的法律制度和国际保理法律规范尝试予以解决;第四章从应收账款债权转让登记的效用和效力两方面强调我国建立并完善这一制度对于保理行业的良性发展的重要性。
[Abstract]:Factoring business refers to the supplier to transfer their accounts receivable claims to the factor to obtain the factors provided by the accounts receivable collection, account management, bad debt guarantee and financing services 1. The factoring business in China is later than that in other countries, but after more than twenty years' hard work, it has also made great progress. To some extent, it has changed the traditional financing methods in domestic trade and facilitated the enterprises to finance their operation funds. However, in the legal aspects of regulating factoring business, there are still regional differences, scattered regulations, lack of system and so on. This paper mainly discusses the legal problems of the transfer of accounts receivable creditor's rights in factoring, analyzes the legal relationship of factoring, and combines the three specific systems in the practice of factoring law. Excavate the legal problems in factoring in practice, and try to find a way to solve them. This paper is divided into four chapters. In the first chapter, by means of a typical case in factoring law practice, several issues about the dispute point of transfer notification based on accounts receivable in factoring law practice are introduced. Then based on the discussion of the legal relationship of factoring, it is clear that the core is the transfer of accounts receivable, and from this point of view, it leads to the discussion of the two controversial issues in practice: the future accounts receivable and the validity of the clause of prohibition of assignment. The second, third and fourth chapters are the three systems involved in the legal issue of the transfer of accounts receivable in factoring. The second chapter, based on the opening case, analyzes the subject, time, content, form and other details of the notification system of the transfer of accounts receivable creditor's rights; The third chapter mainly clarifies the four kinds of rights dilemma and relief that factors often face in the transfer of accounts receivable creditor's rights, and tries to solve them in combination with the legal system of other countries and international factoring legal norms. The fourth chapter emphasizes the importance of establishing and perfecting this system for the sound development of factoring industry from two aspects: the utility and effectiveness of the registration of accounts receivable creditor's rights transfer.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.28

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