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应收账款的质押和转让缓解了我国中小企业的融资困境,然而在《物权法》和《合同法》对其质押、转让有不同规定时,应收账款的权利冲突不可避免。全国性的登记公示系统上线八年仍然存在机构审查责任轻、单方登记风险大、登记效力不足的问题。随着应收账款质押与转让的界限日渐模糊,参考国际应收账款权利冲突规则,本文认为应收账款的转让也应当采取登记生效制,并无需对受让人的“善意”进行区分,从而厘清权利冲突的优先性,并对应收账款登记制度的完善提出进一步的建议。
The pledge and transfer of accounts receivable has eased the financing difficulties of SMEs in our country. However, when the “Property Law” and the “Contract Law” have different provisions on pledge and transfer, the conflict of rights of accounts receivable is inevitable. In the eight years since the national registration system went online, there still existed the problem of light duty of agency review, large unilateral registration risk and insufficient registration. With the gradual blurring of the boundary between pledge and transfer of accounts receivable, referring to the conflict rules of international receivables rights, this paper argues that the transfer of accounts receivable should also take effect as a registration system and does not require the goodwill "So as to clarify the priority of rights conflicts and make further suggestions on the improvement of the registration system of accounts receivable.