International Factoring Accounts Receivable Transfer Of Legal Issues

International Factoring has been widely used in international trade settlement in the recent 20 years. As a new payment technique of international trade, international factoring can make a good condition that let import company and export company enter into international market competition, at the same time, it also make sure that export company can withdraw the account receivable at time. With the development of international factoring in our country, it is the vital important to make clear the nature and character of its legal relationship. But, the law and the research about international factoring had stayed a primary and underdeveloped stage. In this situation, this thesis, based on the knowledge of Law and Economic, will study the question about account receivable of international factoring by the means of comparison and economy.There have five chapters in this thesis.The first chapter introduces the definition, procedure of international two-factor system, fundamentals and nature of law of international factoring. According to the transfer nature of international factoring, jurisprudence and economics, the second chapter argues about the reasonable of debt cession of international factoring. After expands the conditions of a valid debt cession, the third chapter argues about the internal and external validity of the cession accounts receivable in international factoring. The following chapter is about legal conflicts and applicable law; additional, this part also points out the legal risk and risk-prevention in international factoring. In the end, after introducing the present law of cession accounts receivable in china, this thesis points out the defects of the relevant rule present law and offers some legal suggestions.