Research On Legal Problems Of Debt Cession In International Factoring

In recent 20 years, International Factoring has been developing so fast that it becomes a dominant international trade settlement in EU and American because it has many advantages and it meets the demands of modern international trade development. However, International Factoring developed very slowly in China for many reasons. And in author's opinion, one important reason is that the law and the research about International Factoring had stayed a primary and underdeveloped stage. For the resolutions of preceding problems and the development of International Factoring in China, this paper makes a thorough, deep and systematical research on its main and fundamental legal problems, after introducing its common problems in part I, such as its definition, origination, development, kind, advantage, necessity and importance, etc. Firstly, this paper proves and clarifies that the legal foundation and core of International Factoring is a kind of Debt Cession in part II. Furthermore, this paper points out that Debt Cession of this kind is an incomplete, special cession in civil law. Secondly, this paper expands the conditions of a valid Debt Cession i.e. the cession of the accounts receivable of International Factoring in part III. Thirdly, this paper in part IV expands the internal and external validity of the cession of accounts receivable in International Factoring. In the end, taking account of the practice of International Factoring and the present law about it in China, this paper points out the defects of the relevant rule of Contract Law and offers some legal suggestions to perfect the rules about Debt Cession for prompting the International Factoring in China. In addition, this paper also offers other suggestions that are not about law for International Factoring development in China.