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Basic Legal Research On International Factoring

Posted on:2008-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:W YueFull Text:PDF
GTID:2166360215968451Subject:International Law
Abstract/Summary:PDF Full Text Request
International Factoring is used in a wide range of trade finance and settlement, which itself has a very long history. It is an alternative method of international settlement and financing provided by factors to exporters, which involves financing, sales ledger administration, collection of accounts receivable and credit cover.Now, Basically, its meaning can be summarized as factoring business to a credit sale of goods or the provision of services provided by the supplier of integrated financial services, vendor and the purchaser to sign a contract for the sale of goods or services contract from the accounts receivable to the factor, and the factor provide at least two of these obligations below: finance, collection of receivable, receivable ledgering, protection against bad debt. And the international factoring it refers to the supplier and the buyer (that is, the debtor) are located in different countries or regions. Due to operational and legal traditions of distinction, different countries have different interpretations. In addition to domestic law and the relevant jurisprudence factoring formed the basic outline of the law, international conventions and practices in factoring legal system occupies a very important position. The paper based on "General Rules for International Factoring" and "UNIDROIT Convention on International Factoring", and also the basic principle of domestic laws, thereby analysis of the parties of their legal relationship. Focusing on international factoring discussed the substance of the law. Subject to the substance of the law is the transfer of accounts receivable. Analysis of accounts receivable specific legal relationship in the process of achieving several key issues : the assignment of receivables in effect; the future of the accounts receivable transferred; accounts receivable conflict and the right to determine the priority. Finally, from our international factoring business's economic and legal environment, in light of specific legal questions, China proposed the establishment of a sound international legal system factoring legislative proposals.
Keywords/Search Tags:International factoring, legal relationship, legal substance, accounts receivable
PDF Full Text Request
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