The International Factoring And Relevance Law Problem Studying

The international factoring is to incorporate trade financing, international inter-bank credit into a single person,that account affairs handles,the account receivable collects, the comprehensiveness finance that credit risks assurance and the trade fund finance in an integral whole serves one kind of collection marketing that way provides to international trade sales on account, is that our country waits for the finance range of services opening up urgently. Research guaranteeing a reason at present, in terms of theory to the international, the research in the respect of international guarantor reason law problem, has been especially over insufficient, this has restricted an international to a certain extent guaranteeing development of reason.I have passed acquaintance managing this clearing form to international guarantor in international finance field many years, have consulted large amount of data document about international guarantor reason law aspect, have studied the international factoring the fundamental summary managing and legal relation of international factoring interested party, have studied several kinds theory about international factoring reason law basis by comparing, have suggested that the international factoring the law basis managing is that the account receivable transfers this one viewpoint. Simultaneous, specifically for the international guarantees the core problem managing the account receivable possession transfer. Understanding having studied continent genealogy of law and UK-US genealogy of law to the account receivable some law problem comparatively, and the problem that China there exists in legislation finally face to face at present waiting for a perfect place urgently.The thesis is divided four chapters.Chapter 1 is the brief account of international factoring. Firstly, on the basis of the comprehensive analysis of different views, the author forms the definition of international factoring, Secondly, the dissertation introduces the operating procedure and the functioning mechanism. Besides, introduce the law environment of international factoring .Chapter 2 analyze the legal relation between the four parties of the international factoring(the seller, the export factor, the import factor, the debtor) , finally , concludes the characteristics of the legal relations of the international factoring. Chapter 3 is about the legal basis of international factoring. On the basis of discussion of the opinions on the legal nature of international factoring, this article puts forward its view-international factoring is the account receivable transfers. Besides, analyze the law problems of the account receivable transfers in the international factoring through the account receivable, the validity of the assignment, the influent.Chapter 4 is about the legislation of international factoring in our country. Combining the Contract Law of the People Republic of China and analyzing the legislation on the international factoring, this paper studies the basic legal framework of the international factoring in our country, on which basis some legislation suggestions to regulate and prompt the international factoring are given.I write the analysis being the thesis purpose turn to be some law problem pass to international factoring, the law problem being able to make more people know and have an international in hand to guarantee a reason is simultaneous.