构建中国航天器物权法律制度的功能考察与立法研究

A legal regime for property rights of spacecraft in China is of great significance for expanding new-types of international collaboration and promoting commercial space development in China.China has so far yet to establish the relevant legal regime that governs the property rights of spacecraft,this has therefore resulted in the lack of rule and fundamental law with respect to domestic commercial space development and international space collaboration.In contrast,under legislation,the legal regime of property right registration for commercial spacecraft was introduced by Congress in the United States of America(the U.S.A.)in 1984.This effectively promoted the commercial space development in the U.S.A.Similarly,the Civil Code of the People’s Republic of China(effective as from January 1,2021)has specified a legal regime of property right registration for aircraft and ships thereby having effectuated the flourishing development of China’s aviation and maritime industries.Constructing a legal regime for the property rights of spacecraft in China is meant to include but not be limited to the establishment of registration regime of property rights,a distinct regime of ownership,and a registration regime for mortgage and financial leasing in connection with spacecraft.It is recommended that establishment of the registration and exchange centers for property rights of spacecraft be considered in the cities of Beijing and Shanghai.These would operate as centers managing the property right registration and transaction settlement associated with spacecraft along with their effective payloads so as to create the formation of a transaction mechanism for domestic spacecraft and their effective payload applications,thus providing a legal basis for activities such as financing,investment and transfer of ownership,involving spacecraft developed in China.This would drive China’s aerospace industry to be better integrated with the global aerospace market.Formation of a registration regime for property rights of spacecraft in China is advised to take into account a variety of legislation modus such as mandatory registration,optional registration,a mechanism taking effect as a result of registration or against a third party as a result of registration or with a coverage of certain crucial legislative aspects specifically the registration body,registration subject,registration type,validity of registration,types of right,etc.

《民法典》保理合同应收账款转让规范解释论

保理合同的混合合同和商事合同性质是解释应收账款转让的法理基础,决定了应收账款转让规范解释的基本立场和价值取向。将有的应收账款、收益权和对保理人具备权利外观的虚构应收账款均可成为应收账款转让标的。保理人在向债务人发出让与通知时,应当表明保理人身份并附有必要凭证,因此使债务人足以信赖债权已经移转的,可以构成表见让与。在有追索权保理中,追索权可以解释为债权人对债务人支付能力担保责任的特别约定;保理人向债权人主张回购应收账款的,让与通知下达债务人时对其生效。应收账款转让公示可采登记对抗主义立法模式,并以此为基础确定重复受让保理人的优先顺序。这种立法模式最终会倒逼债权让与登记主义在更大范围的确立。