Research On Legal Relationship Of Domestic Factoring Financing

With the development of China's economy,domestic factoring financing has been widely used.However,due to the absence of legal norms of factoring financing in China,and theoretically various opinions and viewpoints,the legal relationship of factoring financing presents an undefined phenomenon.In theory,for factoring financing,there has been a claim on the transfer of creditor's rights,the pledge of creditor's rights,and the theory of the principal-agent theory.Although,now the basic confessed said obligee's point of view,but the traditional creditor's rights transfer theory,there are also differences that cannot be to clarify the legal relationship of domestic factoring financing as well as the content of the rights and obligations of the parties.When combined with judicial practice,there are many situations which cannot be depended on or made to the law,and the jurisprudence is difficult to be analyzed and analyzed.The article on the basis of the "obligee",to clarify the legal relationship of domestic factoring financing and the content of the rights and obligations of the parties,and analyze the research in domestic factoring financing several controversial problems in judicial practice,and finally to the healthy development of domestic factoring financing is put forward based on the law level and theoretical thinking and enlightenment.The introduction of this paper is divided into: 1.Question;2.Value andsignificance of research;3.Literature review;4.Research methods;5.Thesis structure arrangement;6.Main innovation and deficiency of thesis.First of all,the author puts forward the proper name of factoring financing,and sets out the scope of writing.This paper puts forward the main problems of the study and analyzes the value and significance of the analysis and research.Then,I will briefly review and comment on the various treatises and papers that I have referenced and used in writing before writing.On this basis,finally,this paper elaborates the research analysis method,and the structure of this article,the main achievements of this article,the article writing restricted factors and reasons for expression.In the first chapter,the relationship between factoring financing and factoring is based on the definition,function,function and historical causes and evolution of factoring financing.This article first chapter enumerates three groups are more common and most easy to produce controversy in the legal relation theory and the practice or confusion of domestic factoring financing classification,for the remaining chapters analyze the problem of default and bedding.The three groups are: 1.There is recourse financing and no recourse financing;2.Open factoring financing and concealed factoring financing;3.Financing of actual creditor's rights factoring and financing of future creditor's rights.The first chapter strives to have a general understanding and understanding of domestic factoring financing,and highlights the research difficulties of domestic factoring financing legal relationship and its research value and significance.In the second chapter of this paper,the legal relationship of each layer of factoring financing is analyzed and the content of rights and obligations is clarified.The first tier focuses on the legal relationship between the supplier and the debtor's basic contract,focusing on the nature and scope of the creditor's right of accounts receivable and non-retenable financing.The second layer is based on the legal relationship between the supplier and the factoring company,and analyzes several common problems in the transfer of the creditor's rights of accounts receivable:1.Multiple transfers of receivables creditor's rights;2.Subject of the assignment notice of receivables creditor's right;3.Defect guarantee of supplier;4.From the receiving ofrights,lay the foundation for the discussion of the third layer.The third layer is the legal relationship between the factoring and the debtor.Because the legal relationship of this level has strong antagonism,the main focus of analytical research is on the following issues: 1.The right to cancel the debtor;2.The right to cancel the debtor;3.The increase in the performance of the debtor;4.The creditor's right of the factoring company to interpret its antagonistic characteristics.The second chapter is mainly theoretical,which is convenient for research,so it is divided into the legal relation of factoring financing.From the legal relationship of each level,one of the most practical issues is to be taken into the third chapter from the perspective of practice.The third chapter,based on chapter 2,analyzes three problems in domestic factoring financing in judicial practice: 1.False basic contract;2.Future accounts receivable claims;3.Whether domestic factoring financing cases should be consolidated.The three problems are based on actual cases,which are formed by different opinions and application of the legal relationship theory of domestic factoring financing.Although the third chapter mainly relates to the above three questions,but at the same time the author in the "conclusion" part of the main problems and the derived little problem is analysed and studied,in order to explore the comprehensiveness and completeness of the contents.Based on the theory of the chapter test points made in the judicial practice and,at the same time,through the analysis of these three questions research also exposed in the level of domestic law in the judicial practice of factoring financing short board and mediator financing demand,economic and social development on the impact of the traditional theory.In the comparison of the fourth chapter,this paper respectively by factoring financing without special cases of national or regional legislation practice and factoring financing have special cases of national or regional legislation is introduced and described.There are more countries or regions without special legislation;There are fewer countries or regions with special legislation,including Russia and Macao.In the final chapter of this chapter,we will summarize the contents of the comparative law in the second and third chapters of this paper.At the same time,the characteristicsof the laws in these countries or regions are described in chapter iv to provide valuable reference experience for the improvement and development of domestic factoring financing.Chapter v of this article as the "conclusion","lack of law and the traditional theory of thinking and enlightenment" as the title,is the domestic factoring financing legal system perfect and the transformation of the traditional creditor's rights transfer theory to provide the basis for some thinking and enlightenment.This section summarizes the problems in the preceding chapter and lists several points of absence or dispute in legal provisions and theories.These missing or controversial points are also the problems that I try to solve in this paper.In this paper,some inspirations and Suggestions are put forward in the study of comparative law.At the same time,also highlighted in this part of the development status quo of domestic factoring financing and factoring financing the pressing needs of the society and economy,to illustrate specifying factoring financing the importance of legal relationship and solve the problem.