The Legal Problem Of The Assignment Of Creditor’s Right In International Factoring

In modern economic society, the creditor’s rights as "a real deposit interest based property" wide into circulation, and it’s regarded as a "sales" of goods. There are many "sales" in the form of creditor’s rights, international factoring financing is a very important form of it. International factoring financing means in international trade, the supplier will be enjoyed themselves to transfer to accounts receivable factoring business, in order to achieve debt financing, account management, collection of accounts receivable and a credit guarantee some or all of the services according to their own needs "tailored" comprehensive financial services. To finish it, the supplier will be transferred to accounts receivable factoring business is the core to finish factoring business. International factoring is suitable for international trade credit to the enterprises of various types, and its business model determines that it can penetrate into all aspects of enterprise financial operation, this advantage makes it develop rapidly in the world.As a new financing tool in international trade, because of the need to enhance international trade competitiveness of enterprise, has become the mainstream method of payment. But in China, due to the introduction of a short time, we do not have a deep understanding of it, the international factoring is far lower than that of mature market economy countries. For the international factoring business accounted, the proportion of financing Chinese international trade is less than 2%, but 30% in Germany, 40% in Britain, 50% in France. Apart from the awareness is not high to this new international trade payment, and the lack of government policy support related, and we are not familiar with the legal issues of international factoring business rules in the assignment of creditor’s rights is also a factor. Based on this, this paper will start with the legal nature of the assignment of creditor’s rights and its own characteristics of international factoring, combing with the relevant provisions of the legislation on domestic and international judicial practices and international conventions and practices, analysis of legal issues of the assignment of creditor’s right in common in international factoring financing, and hope to put forward some suggestions for the related.Around this central idea, the paper is divided into four parts: the first part is mainly introduces the legal nature and characteristics of international factoring, assignment of creditor’s rights, and points out that the transfer of the transfer of creditor’s rights in civil law is essential, but also has own characteristics; The second part through a combination of international conventions and domestic legislation, analysing the effectiveness of the legal transfer of creditor’s rights in international factoring elements, the authenticity and validity of debt itself and can be transferred and the transfer process must have the corresponding legal form; the third part discusses the conflict of right of priority issues, which focuses on in practice most common multiple claims assignment and assignee the right conflict and the priority between the people and the mortgagee, the necessity of the establishment of the registration system in China; finally, the status quo of legal environment for China’s international factoring credit assignment problems, combined with the practice of the international advanced legislation and international main practice and the judicial practice in our country, putting forward some suggestions for improvement. This paper consists of four chapters, as follows:Chapter 1: Introduction of the legal nature and characteristics of international factoring, assignment of creditor’s rights, legal nature of international factoring is the assignment of claims of civil law on the transfer of creditor’s rights, incomplete but its creditor’s rights transfer and with both international and local features unique, the international factoring is the assignment of creditor’s rights is a kind of incomplete the special civil law, the transfer of creditor’s rights.Chapter2: Analysis of the international factoring, assignment of creditor’s rights of the effectiveness of the elements. Based on the domestic and foreign legislation and legal theory and judicial practice, the effective transfer of creditor’s rights must have two major premise, creditor ’s rights effective and can be transferred and the transfer process to comply with the statutory form elements. With the transfer of the creditor’s rights and specific analysis of the existing with the transfer of the creditor’s rights, the future right can be transfer of transferability and the parties shall not transfer the rights of creditor’s rights transfer in general, that allows existing debt, creditor’s rights transfer of the future should be depending on the circumstances, under the terms of the limit of the malicious conclusion the effect to be determined. Form elements effect on the transferee in the transfer of creditor’s rights in particular, and analyses the problem of assignment of the debtor’s right notice.Chapter 3: This chapter mainly focuses on the analysis of the common law conflict of international factoring in the transfer of creditor’s rights and the priority of the creditor’s rights transfer, caused by both common and specific analysis of the practice of international factoring in the conflict of rights and creditor’s rights transfer and mortgagee, the conflict between the right of pledge of the international settlement, analysis these conflicts are commonly used to transfer the registration of priority, priority principle and the principle of giving priority to inform their respective advantages and disadvantages, the necessity and feasibility of carrying out the transfer of creditor’s rights registration system in our country.Chapter4: In view of the present situation of international factoring in our country legislation behind the transfer of creditor’s rights, combined with the international factoring business rules and the relevant international conventions, putting forward to perfect the transfer of creditor’s rights in international factoring in our country related laws and regulations, and further promote the other efforts of our international factoring business development.