论应收账款融资视角下的债权双重让与

On the Twice Cession from the Prospective of Accounts Receivable Financing

应收账款融资于我国经济的发展有特殊意义。融资方式的多元化决定了其中发生债权双重让与的可能性和复杂性,在解决权利冲突的三种模式中,"登记在先,权利在先"的优先权规则比"成立在先,权利在先"与"通知在先,权利在先"的规则更具合理性和正当性,但其确立还必须依赖于高效率的登记机制的建构。

Accounts receivable financing has special meaning for the development of Chinese economy. The diversification of financing means decides that the phenomenon of twice cession could be pos sible and complex. In the three modes of solving the rights＇ conflict, the first-to-file rule is more reasonable and suitable than the first-to-attach rule and the first-to-notice rule. But its establishment depends on the construction of the registration systems which can embody high effidency.