The Problem Of Receicables Transfer Ininternational Factoring And Legal Prevention

At present,the world of international trade settle is showing the diversi fied development,as the goo ds selling on credit has become a commodity trading payment that the buyers generally require,because of its unique advantages,international factoring accounts receivable transfer can meet the needs of both the development of the international trading and international factoring.Originating in the United States,it has been widely recognized and applied worldwide.At the same time,due to the legal relationship perplexing in the development process,international factoring accounts receivable will in evitably bring a series of legal issues.Based on the Chinese legal environment,this paper will focus on the international factoring laws,legal problems of account receivable risk prevention which should be discussed the legal nature,the function of account receivable and the international factoring,will focus on how to fulfill the right of defense and the right of recourse,the common right of offset,approval mechanism,declarative clause,recourse and compensation mechanism,and also will discuss how to standardize as well as how to improve the legal rules and dispute settlement mechanism,aiming at providing constructive suggestions about account receivable in the development stage of Chinese socialism,preventing the legal risk of international factoring practice as well as the occurred legal issues.The innovation of this article lies in that on the basis of drawing lessons from the previous generations’ rationale for the transfer of accounts recei vable from international factoring,and according to the legal practice and case examples of domestic factoring,The company anal yzes the questions that exist in pr actic e and always concludes the legal questions on the involve-ment of accounts receivable in the country,and puts forward suggestions on the prevention and control of legal wind insurance.With regard to the questions existing in the legal practice of the transfer of accounts receivable of international factoring,this paper puts forward the establishment of credit quota verification machine system and dispute resolution machine system,which is more practical.