Research On Legal Issues Of Factoring Contract

As a comprehensive financial service,factoring is increasingly important in today's economic activities.Factoring can effectively solve the problem of the capital occupied by the credit sales,and the risk of delayed payment by the debtor in the current buyer's market environment.In addition,it has some incomparable advantages in promoting exports and helping middle and small-sized enterprises to finance,which has great development prospects.Although China has developed rapidly in recent years,there are many legal risks in the process of factoring due to the late start of China's factoring business,such as financial intermediation,accounting management,collection of accounts receivable,credit risk commitment and bad debt guarantee services,and China has no special legislation to bind it.To some extent,these problems have hampered the further development of China's factoring business,so it is necessary to formulate laws for factoring contracts.There are many disputes to be resolved in the factoring contract.Therefore,only having systematic analysis and research on the factoring contract can solve the disputes in the factoring contract,and promote the effective development of the factoring business.To conduct an analysis of the factoring contract,we have to do the following: First of all,it is necessary to clarify the background and significance of the research,and summarize the current status of factoring contract legislation at home and abroad.Secondly,it is necessary to understand the concept and characteristics of the factoring contract,and combine the main points of the academic community to classify the factoring contract,which can lay a theoretical foundation for the subsequent analysis and research.Thirdly,on the basis of sorting out the main concepts of factoring contract,this paper analyzes and clears the rights and obligations of the three parties in the factoring contract,and provides a theoretical basis for proposing innovative ideas.Then,in view of the unclear nature of the factoring contract,it expounds and analyzes the mainstream viewpoints,and points out its shortcomings.After referring to domestic and foreign laws and opinions,this paper puts forward the new viewpoint of the nature of factoring contractFinally,the effectiveness of factoring contracts is a difficult problem in reality.It is necessary to clear the problems in the judicial case,present a case for analysis and draw conclusions,which provides legislative references for the special law of enacting the factoring contracts in the future.