The Research On Some Legal Problems Of China International Factoring System From The Analysis Of Convention On International Factoring

This thesis researches the legal problems of international factoring in theory and practice. It analyzes the Convention on International Factoring made by UNIDRIOT in 1988. Based on this, in accordance with the China legal system about international factoring, this thesis draws a comparison of the Convention and our China international factoring legal system in an attempt to find out some deficiencies in the current domestic laws and then introduces some own ideas of making China international factoring legal system perfect. At first, this thesis introduces the basic situation and the business and the relationship between parties and then points that the quality of international factoring is the receivables assignment of creditor's claim. Second, this thesis researches the legal problems of the assignment in international factoring practice. Third, this thesis analyzes the risk and the risk guard problems in three respects: the risk of assignment, the risk of execution of contract, the risk of the law applicable. Based on these, this thesis analyzes the Convention on International Factoring. It mostly analyzes these problems: the assignment of future receivables, the effect of assignment that can't transfer and the rights of contradict and counteract. Next, this thesis introduces the China present situation of international factoring and then researches the situation, including the effect of assignment of receivables, the potential conflicts between parties. It laid special emphasis on the short of out system and we hope it can help China developing our international factoring system.