The Study Of The International Factoring And Legal Precautions For Its Financial Risks

With the international market turning to buyer market from seller market, on one hand, the international factoring business, which can provide the sellers with solutions on the problem that the sellers' trying to do business, not on trust, and worrying more about the safety of exchange earning, at the same time, provide financing, bad debts secured, sales ledger management and accounts receivable collection services, etc, is now widely recognized and applied in the world; On the other hand, although Factoring's advantages should not be ignored, we must not, considering the significance of Factoring by the current situation in China, fail more attention to its exist limitations, that is, the legal risks existing in Factoring itself have not been solved effectively, as well as the legal precautions for its financial risks should be carried out On the agenda priority.The main purpose of this thesis is trying to discuss the relevant legal risks as well as the precautions in the international Factoring business by using the method of legislation and interpretation in the hope that this work can make the international Factoring business in its development and precautions for legal risks in our country benefits.This thesis consists of two parts. the first part, including chapterⅠand chapterⅡ, on the basis of the information of domestic and international as references, firstly gives a statement on the origin, development, the status quo, classification, mode of operation as well as its pros and cons of the international Factoring business, and then concludes the legal nature of the international Factoring by analyzing several theories on the legal characteristics of Factoring, which is a kind of assignment of accounts receivable claims with its own unique characteristics of the commercial operation, and on this basis, analyzes the legal relationship between the parties in the international Factoring business, which is as the study basis for giving preparation for the second part. The second part, including ChapterⅢ, chapterⅣand chapterⅤ, firstly through the method of legislation and interpretation, discusses the legal issues of assignment of accounts receivable claims in the international Factoring business with its corresponding process perspective, and then sums up legal risks existing in the international Factoring for the parties and puts forward countermeasures. Finally, according to China's "Property Rights Law", analyses the feasibilities of improving legal protection mechanism in the framework of Factoring in our country, and on this basis, gives suggestions to the establishment of legal protection mechanism against legal risks of Factoring and improvement of legal norms domestic and international.