Rules on the Certainty of Future Accounts Receivable

Authors

  • Yinglai He
  • Junyi Chen

DOI:

https://doi.org/10.54691/r7zxd015

Keywords:

Factoring; Future Accounts Receivable; Determinacy; Factor’s Duty of Examination.

Abstract

Before the enactment of the Civil Code of the People’s Republic of China, the legislative recognition of future receivable factoring in China underwent a transformation from non-recognition to limited recognition only for receivable with underlying transaction relationship. Although the Civil Code acknowledges that future receivable is eligible for factoring, it does not explicitly restrict its transferability. Many foreign countries and international conventions recognize the eligibility of future receivables as factoring assets but require determinacy and certainty. The need for determinacy arises because future receivables are considered future claims therefore must meet the requirement of specific identification. In addition, to ensure the possibility of reasonable expectations for factoring parties, future receivables should be clearly identifiable. Given the fact that future receivables have yet to materialize, the concept of relative determinacy is employed to describe the degree of certainty, and the verification of the contractually agreed amount and the period when future receivables arise is adopted as the method for determination. In order to mitigate the risk of fictitious receivables arising from the lack of determinacy, the understanding of Article 763 of the Civil Code should be interpreted as "know or should have known". Factoring parties bear a reasonable duty to conduct appropriate due diligence for certainty examination and the minimum standard approach is recommended.

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References

Bao Xialli: Judgment Differences and Due Paths on Disputes Over Transfer of Accounts Receivable under Factoring, Contemporary Law Review, Vol.34 (2020) No.03, p.44-53.

Gao Shengping: On The Security Function of Factoring in the Civil Code of China, Studies in Law and Business, Vol.40 (2023) No.02, p.3-19.

Zhu Guangxin: On the Recodification of the “Specific Provisions” of Contract Law, ECUPL Journal, Vol.22 (2019) No.02, p.41-56.

Xu Xueyin: The Legal Risks and Prevention Measures Confronted by the Factors in the Assignment of Future Receivables, Journal of Jiangsu Normal University (Philosophy and Social Sciences Edition), Vol.41(2015) No.02, p.118-121.

Yin Lijian: A Research on China’s International Factoring Legal System, Economic Survey, Vol.6 (2005) No.05, p.154-156.

Zhu Hu: A Study on the Scope and Effectiveness of Prohibited Assignment of the Creditor’s Right: Focusing on the Rules of the Civil Code, Science of Law (Journal of Northwest University of Political Science and Law), Vol.38 (2020) No. 05, p.120-131.

Zhang Jiayong: On the Expectation Interest in the Pre-contractual Compensation Analysis Based on the Perspective of Dynamic Process of Conclusion of Contract, Peking University Law Journal, Vol.28 (2016) No. 03, p.646-661.

Zhan Shiyuan: Judgment Criteria and the Effect of the Qualification of Objects of Factoring Contract, Global Law Review, Vol.43 (2020) No. 05, p.86-101.

Xie Gen, Ban Tianke: Misunderstood and Overestimated of Flexible System Approach, Chinese Journal of Law, Vol.39 (2017) No. 02, p.41-57.

Zhang Suhua, Li Mingjie: Interpretation of “Future Accounts Receivable” in Factoring Contract, ECUPL Journal, Vol.26 (2023) No.02, p.91-107.

Huang Hexin: Factoring Contract: The First Legislative Sample of Mixed Contract, Tsinghua University Law Journal, Vol.14 (2020) No. 03, p.179-190.

Cao Wenbing, Yu Min, Jing Yang: Research on the Eligibility of Factoring in Future Accounts Receivable with Background of Supply Chain Finance, People's Judicature, Vol.26 (2023) No. 25, p.16-21.

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Published

2024-07-13

Issue

Section

Articles

How to Cite

He, Yinglai, and Junyi Chen. 2024. “Rules on the Certainty of Future Accounts Receivable”. Scientific Journal Of Humanities and Social Sciences 6 (7): 45-53. https://doi.org/10.54691/r7zxd015.