The Research On The Legal Risk Of The International Factor

International factoring is a new synthetic service of finance which performs one of the following functions at least:finance for the exporter,maintenance of accounts receivables,collection of receivables and protection against default in payment by importer.The accounts receivable comes from the sales contracts made between the exporter and the importer whose places of business are in different countries. Compared with the traditional financing manners in international trade business such as letter of credit,international collection etc,its advantage is its financing and credit assurance function.The legal risk of international factor means that the factor can't realize collection of receivables due to some reasons,after exporter gets the creditor's right of account receivable which is from the contract signed between factor and exporter.Because credit assignment of account receivable is the basic legal theory of international factoring,this paper takes it as the core and uses the legislation method and explanation method to systematically discuss the legal risk of international factor. The writer sincerely hopes that this paper can be helpful for the international factors when they are dealing with international factoring business and have somehow enlightenment on China's relative legislation.The paper is composed of preface,text and conclusion.The preface brief introduces the reason of choosing this thesis as research target, the research method and the innovation.The text is constituted by the following three parts:The first part consists of ChapterⅠand ChapterⅡ.Chapter I briefly introduces the definition,categories and operation mechanism of international factoring,which can make readers have a basic comprehension about at first;With beginning of analyzing the legal character of international factoring,ChapterⅡdiscusses that the legal status of international factor is the essential reason of its legal risk,tries to redefine its legal status by means of combining theory of the credit assignment in civil law and theory of circulation credit assignment in business law for the first time,and then discusses the other reasons.To figure out the reason of the problem is helpful to work out the solution.In a word,ChapterⅠand ChapterⅡset up the theoretic basis for the discussion of the legal risk of international factor and its precaution in the next part.The second part consists of ChapterⅢand ChapterⅣwhich are also the emphasis of this paper.ChapterⅢdiscusses the legal risk possibly faced by the international factor and then analyzes the related regulations provided for by different countries' law,International Convention and International Routine on which the writer correspondingly makes some comments and deduces that building registration notarization system for credit assignment of account receivable is one of the basis methods guarding against the legal risk of international factor;The legal analysis in ChapterⅢis the legally theoretic basis for ChapterⅣwhich accordingly discusses the specific precaution measures on the legal risk of international factor.The third part consists of ChapterⅤ.Based on the relative prescription provided for by《Property Law of the People's Republic of China》,《Contract Law of the People's Republic of China》and《Civil Law of the People's Republic of China》, ChapterⅤdiscusses their disadvantages and accordingly poses the improved suggestions,compared with the corresponding prescriptions of International Convention,International Routine and other advanced legislations.The conclusion summarizes the text and concludes that redefinition of legal status of international factor by making use of new legal theory and foundation of registration notarization system for credit assignment of account receivable are the basic methods preventing the legal risk of international factor from the theory of legal angle.We can take international advanced legislations as reference to improve China's relative legislation.