Study On The Issue Of Assignment Of Claims In International Factoring Business

With the transformation of the world economic market from a seller’s to a buyer’s market, as a new trade settlement, factoring increasingly sought in the international trade market, because it can meet the requirements of importers to defer payment, but also to make the exporters to recover the money and to obtain financing as soon as possible. Based on the basis of whether the contract has an international trade, factoring can be divided into international factoring as well as domestic factoring. The former involved business debt-to-transfer between importers and exporters in the different countries. The study on international factoring, starting from the nature of the international factoring, and the international community has not yet formed a unified consensus on this issue. In addition, there is no international harmonization of legislation to make authoritative statements on the nature of the international factoring as so far. From the perspective of the development of the business as well as practice, the nature of international factoring should be characterized as the transfer of the debt. Second, the claims from exporters to the Factors must consider the effectiveness of such transfers on the debtor, as well as the right conflicts between factors and other third party caused by such transfer. Presently, in face of International factoring involves complex trade arrangements, that international legislation has being lag behind the business, there has large differences during various countries on the legislation of how the transfer of such a claim should be qualitative, as well the effectiveness of the transfer on the debtor. The study on international factoring assignment of claims, on the one hand, should be combined with domestic legislation on the basic theory, on the other hand, should look for reference and guidance from the national legislative differences, to improve China’s law of international factoring.