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第七百六十六条 当事人约定有追索权保理的,保理人可以向应收账款债权人主张返还保理融资款本息或者回购应收账款债权,也可以向应收账款债务人主张应收账款债权。保理人向应收账款债务人主张应收账款债权,在扣除保理融资款本息和相关费用后有剩余的,剩余部分应当返还给应收账款债权人。
Article 766
Where the parties agree that the factoring is one with the right of recourse,
the factor may claim against the creditor of the account receivable for
refunding the principal and interest of the financing funds or redemption of the
claim on the account receivable, or claim against the debtor of the account
receivable. Where a factor claims against the debtor of the account receivable
after deducting the principal and interest of the financing funds and the other
relevant expenses, any balance shall be returned to the creditor of the account
receivable.
第七百六十七条 当事人约定无追索权保理的,保理人应当向应收账款债务人主张应收账款债权,保理人取得超过保理融资款本息和相关费用的部分,无需向应收账款债权人返还。
Article 767
Where the parties agree that the factoring is one without the right of recourse,
the factor shall claim against the debtor of the account receivable, and the
factor is not required to return to the creditor of the account receivable the
amount he has obtained, which is in excess of the principal and interest of the
financing funds and the other relevant expenses.
第七百六十八条 应收账款债权人就同一应收账款订立多个保理合同,致使多个保理人主张权利的,已经登记的先于未登记的取得应收账款;均已经登记的,按照登记时间的先后顺序取得应收账款;均未登记的,由最先到达应收账款债务人的转让通知中载明的保理人取得应收账款;既未登记也未通知的,按照保理融资款或者服务报酬的比例取得应收账款。
Article 768
Where a creditor of an account receivable concludes multiple factoring contracts
with different factors so that the factors claim their rights against the same
account receivable, the account receivable shall be obtained by the factor of a
registered factoring contract in priority over the factors of unregistered
factoring contracts, or, where all factoring contracts are registered, by the
factors in an order of priority according to the time of registration, or, where
none of the factoring contracts have been registered, by the factor stated in
the transfer notice which has reached the debtor of the account receivable first
in time. Where none of the factoring contracts have been registered and no
transfer notice has been sent, the account receivable shall be obtained by the
factors on a pro rata basis on the amount of financing funds each has provided,
or the service remuneration each is entitled to.
第七百六十九条 本章没有规定的,适用本编第六章债权转让的有关规定。
Article 769
For matters not provided in this Chapter, the relevant provisions of Chapter Six
of this Book on the assignment of claims shall be applied.
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(请在使用前对文本的时效性进行确认,内容以全国人大、国务院等公报为准)