An Analysis Of The Contract Dispute Case Of Zhuhaimou Bank V. Jiangximou Company

Factoring business is a comprehensive financial service.Creditors transfer accounts receivable to the bank,and the bank provides services such as financing,collection of accounts receivable,management and bad debts.In the contemporary era of rapid economic development,factoring business has played a positive role in driving economic growth and activating the market,so it is widely used in practice.However,as a foreign product,its domestic standardization is still insufficient,relevant laws and regulations and judicial interpretation are not perfect,so there are more and more factoring contract disputes.This paper takes the case of a contract dispute between the Zhuhaimou bank and the Jiangximou company as an example,and deeply analyzes the disputes related to factoring contracts in the case and conducts a legal analysis.There are three controversial points extracted from the case: one is whether the defect of the basic creditor's rights can fight the creditor's assignee;the second is whether the factoring can claim the rights from the debtor after the original creditor has been sued in another case;How should the person responsible for liquidation be determined? Regarding the first focus of dispute,by analyzing the impact of basic claims on the effectiveness of the factoring contract and the definition of the beneficiary transferee,it was concluded that the defect of basic claims should not be opposed to thebenevolent transferee;for the second focus of dispute,Discriminate the essence of the reverse concession and the legal effect after the exercise of the reverse concession,and combine with the specific case to conclude that the action of the factoring agent's other lawsuit does not constitute a reverse concession;and then analyze the difference between the reverse concession and the right of recourse The factoring contract of the right of recourse is actually an indirect payment contract,so the factorer can exercise the right of recourse against the debtor or the right of recourse against the original creditor;The impact on the debt settlement order was analyzed.According to the indirect payment theory,the debtor of the accounts receivable is the first person in charge of settlement and should be settled within the scope of financing.