The Study Of The Legal Risk Of The Factor In The International Factoring

Part one. The significance on selecting this title and the studying purposeInternational Factoring is an important international settlement,which contains finance for the supplier;maintenance of accounts relating to the receivables;collection of receivables;protection against default in payment by debtors. Using the international factoring can help exporters, importers and the international factoring ,so many countries in the world, especially developed countries in the international trade,use it as the means of settlement.It is important for us to choose a kind of convenient settlement with joining the WTO,opening the market and many opportunities of trading.Especially China already relax restrictions of the financial market in the end of 2006,transnational finance organizations give a serious challenge to the domestic bank and international factoring is an important field in which the foreign bank have many advantages because of their power. So developing the international factoring strongly is necessory and has important practical significance and extensive future.On the background of this situation,I write this thesis,maily analysing the risk of developing the international factoring form the factor, further analysing the difficulties that domestic banks face,making the bank has good knowledge about the features and problems of developing the international factoring,making the factors have effective defence measures when they are engaged in the international factoring.We hope to take good measures to promote the development of the international factoring,can give effective suggestions to the law-making.Part Two.The logic thought and research approaches of my researchThis text discussed the concept,features and variety of the international factoring from two aspects on which is the practical and theoretica methods;Then it introduced the risks that the factor may face;Then the writer analyed the reasons of risks from the theoretical method and put forward the solving measures;Finally the writer raise the difficulties and measures of international factoring in chian combining with the practice. The article has synthetically adopted kinds of research approaches,such as comparative law,sociological law,logical law and interested-nanlytic law.Part Three. The structure and main content of this article.There are four chapters in this thesis, more than 30,000 words.In chapter one,the text introduced the content of the international factoring briefly;In chapter two,this article introduced the risks that the factor may face;In chapter three,it analyed the reasons of riks and take suggestions to how to avoid them;In chapter four, this text analyzed the risk of the bank when they develope the international factoring combining with the Chinese situation and the writer rasied the solutions.Chapter one introduced the content of the international factoring briefly.It introduces the characteristics, origins, development, the business category and the operation modes by contrasting the different national lawmaking example, points that the international factoring has numerous advantages of modern financial product and is inevitable outcome and motivation with development of the international trade, make the readers have good understanding at the international factoring briefly.Chapter two and chapter three are impotant chapters of this thesis.Chapter two mainly introduces the law risk that the factor may face in the international factoring.The article mainly explained the law risk from three aspects--collecting of receivables,fulfilling the contract and applying to the law and so on. Chapter three mainly introduced the reasons of riks and take suggestions to how to avoid them theoretically.The article considered that the foundation reason of the risk is buying the creditor's right and the direct reason is the complexity of the realations,and aiming at chapter two to put forward the measures against risk.Chapter four mainly combines Chinese reality with the factoring.This chapter explained the risk that the factor may face in china and take some suggestions to solve.Part Four.The main conclusion and some contents need to discuss in the near future.This article has the system construction of the risk of the factor the company may face to and analyzed the reasons of risk completely;then have some measures for them. Analyzing the reasons of these risks theoretically, and put forward to guard against these risks;End, this text analyzed the risk of the bank when they develope the international factoring combining with the Chinese situation and the writer rasied the solutions.Because there is a large variety of the international factoring, such as double factor system and single factor system, non-recourse factoring and recourse factoring and so on.And different varieties can mutually combine, so the customer operates the different ways when choosing different factoring,naturally the factor may face different risks.This involves wide and complex contents.Owing to the article space, this text only analyzed the risk that the factor face taking the double and nonrecourse factoring for example, needing to have more research still.Furthermore, our country has deficiency in the lawmaking and research, still being placed in the stage of the entry-level and get behind the western and flourishing country far and far.The related research data is not abundant, so we have not good research at the risk that the factor face ,also mainly draw lessons from the others' standpoint, these all continue to be studyed.