International Factoring The Account Receivable Creditor's Rights Transfer Legal Regime Research

Factoring is a complete financial package that combines working capital financing, credit risk protection, accounts receivable bookkeeping and collection services. A kind of settlement way in its activity as international trade, there is very long history, but until the 20th century, it only then rapidly expand. It mainly utilizes in domains and so on home, international trade, the central content is through assigned claim way financing. Factoring of the biggest merit to lie in it to be possible to provide being without recourse short-term trade financing, is opposite in the traditional trade method of settling accounts, its operation sequence is simple, the utilization is convenient, to international trade's development, has the huge promoter action.International Factoring to start late in our country, the development is quite slow, until 1992, the Bank of China only then started to develop this service. Generally speaking mainly has the following several aspects the reason: First, the Export enterprise to Factoring to understand not really, has neglected to its utilization; Second, our country domestic legal framework is not standard, the laws and regulations construction lag, does not adapt guarantees the principle trade development the request; Third, lacks a high quality to guarantee technical makes the personnel troop.Along with our country market economy's rapidly expand, our country's international trade scale expands day by day, has joined WTO along with our country, this kind can provide the risk safeguard, saves the cost, the simplified procedure trade method of settling accounts even more to receive people's favor. Therefore, we should take the effective action, the absorption overseas success experience and unify our country's actual characteristic, the perfect home about the creditor's rights transfer aspect's legislation, eliminates guarantees the principle trade development the legal impediment, promotes to guarantee the Factoring in our country's development.This article writing goal lies from the analysis international guarantees the Factoring the legal nature to obtain, system's discussion international Factoring in the principle in the account receivable transfer several legal matter, explains and attempts the legal matter which using the civil law principle solves the international Factoring to initiate, and is related domestic legal to our country the consummation to give the comment. This article altogether divides into five parts, in the first part, author's broad introduction international has guaranteed the comprehensive legal environment which the principle the concept, the development present situation and the present locate; In the article second part, the author analyzed international has guaranteed the principle legal nature several theories, and proposed author's viewpoint; The article third part, author analyzed international has guaranteed in the Factoring in the account receivable transfer several hot topics, will have the account receivable transfer which, the account receivable transfer notice including the future the account receivable transfer, the agreement do not transfer and so on; In the article fourth part, the author has analyzed the risk which in the account receivable transfer Factoring faces; In the article last part, the author gave own comment on our country home about the creditor's rights transfer system aspect's legislation.