Study On Ligal Issue In International Factoring

Nowadays, in the international market, the feature of "buyer's market" is visible. To adapt to the severe market competition, international trade payment method is experiencing to be transformed gradually. International Factoring, a synthesize financial service, including collection of receivables, financing, maintenance of accounts, protection against default in payment by debtors, which is designed for credit sale, develops fast.With the creation of a new business, legal issues appear. The purpose of the thesis is to resolve legal obstacle to the development of international factoring and related legal issue in the practices on the basis of traditional theory of civil law, to put forward ideas for new legal issues of international factoring. It is expected to benefit the legal system of international factoring.The thesis insists of four aspects. The first chapter discusses resumptively the origin, the definition, the legislation and judicial practices of international factoring, and analyses the contrast legal features. The second chapter argues about the legal structure of international factoring. Legislation and research of international factoring in our country is still at entry-level, so different ideas exist. In the thesis author put forward that account receivable is the legal base of international factoring, and further argues the concrete legal issues of account receivable, which including request of account receivable, legal effect and analysis on the legal relation of parties and the agreements which form the relation. The third chapter is about legal risk and the measure against the risk. In the chapter, author analyses concretely the risk against the purchase of credit, the operation risk of exporters etc, and put forward the advice on the measure. The last part analyses the legal application and the legal circumstance of factoring in our country, and introduce the circumstance of the Bank of China which is in the lead . In end language, outlook the future of the factoring in our country and put forward the suggestion for the development of the international factoring business.