Zhou Jianping is photographed
The closest period of time, the old boss that presses down the sea is not answering payment for goods to be anxious to take every day. The company of old boss basically produces spare parts of instrument of large scale computer, buyer basically is the enterprise such as the colliery. After the epidemic situation at the beginning of this year April gets controlling, production restores faster, took many ordering goods contract, person of weaver of old employer group works overtime production, ensure deliver the goods inside contract agreement time. But enter in August, old boss dare not receive new order again however, a main reason is, the other side always defaults payment for goods, old employer is honest can find no way out, toughen one's scalp-brace oneself calls to dun of the other side, fine words said one big a bamboo basket, the other side calls a bit payment for goods like ability be forced to tell sth bit by bit. Old boss plaints from this, the business does him glad of course, but goods was handed in, money does not take a hand, feel not dependable really in the heart.
Actually, a lot of bosses have move and the worry like old boss now: The business is short of, it is difficult to just want debt.
It is difficult that the enterprise wants debt, be in where hard after all? Old boss summary goes out at 2 o'clock: Be in hard above all, the business still wants to continue to do, do not want to be troubled by with the other side break, pull no less than feelings to go dun, concern demands repayment, money was not gotten back come, the business ran away accordingly. The 2nd be in hard, demand repayment him not be up to sb to decide strength comes, if call everyday,go dun, errant meeting gives what trouble, draw the damage that expect is less than possibly even.
Denounce what do not come back to be in debt, in reflecting the financial forms for reporting statistics that is in an enterprise, it is so called " receivable Zhang money " . Industry employer expresses, the afraidest is not " receivable " , however some are in debt became forever " receivable " , to the enterprise, it is real loss.
Zhejiang and a lawyer that justice view amounts to attorney office express, any enterprises, want deal only, be about to sign business contract, but how to avoid to appear receivable Zhang money, perhaps be after the situation that produces receivable Zhang money, how to undertake chasing after denouncing, be about to stress strategy, use existing legal code adequately, adopt the method that a few have specific aim.
A person of extraordinary powers of n/arc drafting bank
Go out in order to have to undertake financing character with the receivable Zhang money that did not come
A lot of people do not know, receivable Zhang money can regard impawn as mark, this is in " matter right law " in have a regulation early. Chinese people bank will issue the basis on November 22 last year " impawn of receivable Zhang money registers way " , receivable Zhang money is the requirement obligor that points to obligee to be obtained because of offerring certain goods, service or establishment payment right and what enjoy lawfully is other pay the request counterpoises. Include to show some and the monetary creditor's rights that did not come, but the payment that does not comprise because of bill or other negotiable securities generation requests authority, and the payment that law, administrative regulations prohibits making over requests authority. Specific for, receivable Zhang money includes:
(One) the creditor's rights of sale, rental generation, include to sell goods, supply water, report, gas, warm, the license of intellectual property is used, rental and movable or praedial wait for;
(2) the creditor's rights that provides the service such as medical treatment, education, travel or service generation;
(3) the sources of energy, traffic is carried, the infrastructure such as irrigation works, environmental protection, municipal project and power of earnings of public utility project;
(4) the creditor's rights that provides loan or generation of other credit activity;
(5) other have money to give the creditor's rights that pays content with what the contract is a foundation.
Be about to carry out at next year " civil code is in charge of " , impawn of money of more receivable Zhang provided legal basis. Its are made clear the 440th times, now some and can regard a qualitative mark as some receivable Zhang moneys. So, if two companies sign Jia Yi,conclude contract of purchase and sale, whether does no matter pay,date expire, from jural say, second company regards receivable Zhang money as creditor, can go out to undertake financing to the bank character with this receivable Zhang money instantly, or it is to regard as with contract of purchase and sale of third company raw material assure.
Transfer receivable Zhang money in order to maintain manage contract pattern
Alleged maintain put in order, it is to point to in commercial trade, with payment for goods of settle accounts of means of collection, buy or sell on credit when, bargainor for aggrandizement the management of receivable Zhang money, commission that enhance fluidity and adopts a third party (the business that maintain put in order) a kind of action that manages receivable Zhang fund. Nowadays, protect manage to already made business of a kind of of our country important banking. " civil code is in charge of " the 761st law position that admitted it clearly: "The contract that maintain put in order is loan of receivable Zhang money will be existing perhaps transfer some receivable Zhang moneys the person that maintain put in order, bankroll be in harmony tells the person that maintain put in order, receivable Zhang money manages or urge close, debtor of receivable Zhang money pays assure the contract that waits for a service.
The person that maintain put in order protects grain merchant to be held the position of by professional orgnaization commonly namely, they have major urge control a standard. Accordingly, appear to call in hard when the enterprise when the circumstance of debt, can consider to transfer receivable Zhang money to the person that maintain put in order, can avoid occurrence enterprise to demand repayment to the partner directly so, affect the awkward situation of bilateral relationship.
With droit reservation means raises receivable Zhang money to urge effects force
If the enterprise does not have financing desire, also do not have the plan that transfers receivable Zhang money, so, the bargainor can be used ownership is retained in trade, urge for receivable Zhang money accept the method that enhances effectiveness.
We cite a case. In business contract, if involve the transaction that is movables, usually, come when the content consign of mark after buyer, its droit changed the buying party actually over there. But if carry contract agreement, after the content consign of mark, droit is not transferred, till buyer is paid total money just finishs move, the situation is different, the bargainor can be in active position. " civil code is in charge of " the 641st regulation: "Party can agree in business contract vendee did not fulfill those who pay money paid for something purchased or received for something sold other perhaps obligation, the droit of the content of mark is belonged to sell a person. " the 642nd further regulation, did not pay cost according to the agreement when vendee, what still did not pay is in after be being accused via urging inside reasonable time, have right the content of resumptive mark.
With movables of buying and selling guaranty assures the implementation that means assures receivable Zhang money
If be in,conclude when business contract, the fee that buyer does not raise with meaning bargainor retains a requirement, below this kind of circumstance, still can adopt as the bargainor enrol effectively, ask vendee mortgages this movables conversely namely oneself, assure as what receivable Zhang money comes true.
What should point out particularly is, this kind of movable guaranty assures means is " civil code is in charge of " the 416th brand-new regulation: "Movable guaranty assures advocate the money paid for something purchased or received for something sold that creditor's rights is pawn, consign hind handles the matter of mark inside 10 days guaranty registers, this hypothec of vendee of pawn of person precede over other assure matter right person suffers countervail, but lien person except. But lien person except..
How to answer right, processing and avoid to appear receivable Zhang money, it is an intricate legal general affairs, if business in actual life needs to maintain his interest according to relevant provision, need asks professional lawyer to come specific in control of, after all, professional person does professional thing, ability prevents occurrence accident. Write civil / Zhao Yifen
