Study On Legal Problems And Risk Avoidance Of Receivables Transfer In International Factoring In China

International factoring, also called "Purchase of Receivables", means that by the way of purchasing receivables from the supplier with the debtor's business place in another country, the factor can provide the supplier financing, account arrangement, or guarantee of bad debts. Where is no receivables transfer, there is no factoring. Thus whether the receivables can be successfully transferred is essential for the factoring business. Originally, "receivables" is a fiscal term, belonging to one kind of property –floating assets, which can be easily transferred to cash. From the legal angle, "receivables" means a right of an enterprise or person —— creditor's right arising from the sale of products, commodity or supply of labor service. The thesis will analyze the relative legal problems regarding "receivables" as creditor's right from the legal angle. This thesis aims to bring some suggestion for the receivables transfer in international factoring in Chinese legal environment. So it's necessary to analyze the legal issues arising from the receivables transfer, available regulations to solve this kind of issue in China and the measures people can take in actual factoring business to avoid such legal problems. This thesis consists of five chapters.ChapterⅠ, bring the main legal issues in international factoring from China's first factoring case —— application of law, legal characteristics of receivables' transfer, receivables' transferable, forms and effect of transfer, receivables' particularity and so on.ChapterⅡ, give the definition of receivables transfer in legal sense. State the different definition of receivables from different countries and analyze the relation between receivables transfer and debt transfer. ChapterⅢ, How to chose applicable law when facing legal troubles. Firstly we respect each party's chosen of law; then to see if the close principle suggests Chinese law when both parties have no law application consensus; If using Chinese law, whether the relative concepts of the law is in accordance with the particular meaning of receivables transfer; International convention may be applied when no domestic law is used. Chapter Ⅳ, analyze China's legal environment for receivables transfer, ——the domestic and international regulations which can be applied to resolve the legal issues of receivables transfer. Concrete regulations will be illustrated separately considering the transferable, forms, effect and priority right issues. ChapterⅤ, based on the above legal issues and legal environment analysis, we come to our conclusion of the risk types and the suggestion of risk avoidance measures ——emphasize on making the factoring agreement clauses. This thesis has two purposes: firstly, make a conclusion of the legal problems of receivables transfer —— the key of factoring, so everyone can have a whole and clear understanding of receivables transfer; Secondly, turn the academic understanding to the rational operation in reality, so everyone can realize the importance of legal problems, nationally thinks of the legal risks and actively takes the measures or seeks for other measures still unknown.