Research On Legal Issues In Factoring Contracts

With the economic development,enterprises must meet the needs of customers to find more customers,but also solve their own financial problems.Therefore,as a new settlement method,factoring has gradually introduced domestic trade in recent years and has been widely promoted.The enterprise rationally uses the existing receivables and claims,converts the accounts receivable into funds,obtains financing,and revitalizes the capital chain.China introduced the factoring system in the 1980 s and entered a period of rapid development in the 1990 s.It has now developed into the world's major factoring market.Due to the large amount of accounts receivable in Chinese enterprises,factoring has become an important means of revitalizing accounts receivable.In the context of rapid development and diversification of the market economy,coupled with the promising policy of the country to develop accounts receivable financing The factoring industry will usher in an important period of strategic development opportunities.However,while seeing the development prospects of factoring,it should also be noted that factoring is developing late in China,and there are still many problems in practice,such as: uneven development of factoring business,narrow scope of factoring business,mode Single,the relevant legislation and judicial interpretation of the factoring business have not formed a system,the understanding of the nature of factoring contracts is unclear,the awareness of risk prevention is low,and the ability of factoring agents is insufficient.As a result,a large number of legal disputes involving factoring practices have arisen,making it difficult to adapt to the development needs of enterprises and the overall economy.This paper takes the case of Zhuhai China Resources Bank and Jiangxi Fuel Company's factoring contract dispute as the entry point,studies and compares different theories and opinions of relevant legislations and analytic circles in various countries and regions,and finally concludes and analyzes the controversial focus of the case.Some conclusions,and try to put forward some opinions and suggestions on the development of factoring business of commercial banks in China and the resolution of related legal disputes.The main body of this article is divided into five chapters and is divided into three parts.The first part is the introduction of the case and the focus of the dispute,the first chapter.This part mainly summarizes the main disputes involved in the case by summarizing the case and the judgments of the courts at all levels,and draws relevant legal issues;The second part is a relevant analysis of the focus of the dispute in the aforementioned case.Including the analysis of the legal nature of the second chapter of the factoring contract,the analysis of the relationship between the basic contract and the factoring contract in Chapter 3,and the reversal of the fourth chapter.Among them,the second chapter is the basis of the referee in this case,and the third and fourth chapters are the core issues of the referee in this case.Combining the three controversial points of the selected cases,the author analyzes and evaluates the existing doctrines,refers to the legal provisions of various countries,and defines the relationship between the nature of the factoring contract,the basic contract and the factoring contract,and the establishment and implementation of the reversal clause.Analyzed.The third part is the thoughts and suggestions triggered by the case,namely the fifth chapter.Based on the analysis and discussion of the previous chapters,some suggestions are put forward for the development of China's factoring business,the supporting construction of the factoring industry and the improvement of relevant laws,with a view to suggesting the development of China's factoring business and the construction of the legal system.