Research On Some Legal Problems Of International Factoring

The thesis gives an overall picture of international factoring from the legal angle. In order to accord with the subject of "Legal Research", the author focuses on the analysis and research of the following aspects——the legal relationship of international factoring, legal problems of account receivable assignment and legal risk management of factoring. The article begins with a brief introduction of international factoring's origin and development, then it schematically compares the difference between international factoring and other relative practice, and generally introduces the main classification of factoring and its respective operating mode. Whereafter the author comprehensively analyzes the legal relationship among each party of two-factor international factoring. As account receivable assignment being the crucial legal problem in international factoring, the author analyzes seriatim the force of assignment of account receivable creditor's rights, the legal effect of factoring restriction on assignment of account receivable creditor's rights, creditor's rights assignment, right conflicts out of the assignment and the registration of assignment and pledge hereof. The author provides his own explanation on how to understand these problems within the contemporary Chinese legal system, and proposes a series of legislation suggestions. The author also discloses the primary legal risks from the angle of both export factor and import factor, exporter and importer, and accordingly offers the relative risk management measures in the aspect of contract and factoring practice. In conclusion, the author puts forward the suggestions on how to consummate the legal rules of factoring.