An Empirical Study On Factoring Financing Disputes In My Country

Factoring financing is one of the forms in which creditors obtain financing funds by transferring receivables generated in the underlying transaction contract to the factoring party.From the perspective of legal theory,factoring financing basically follows the theory of creditor's right transfer in civil law,but the application of traditional theory is inadequate once new business operation forms appear.The practice and development of factoring financing have brought a shock to the traditional theory of debt transfer.For example,the object in factoring financing business is special,which not only contains the concept of object in traditional debt transfer,but also extends its scope.Factoring financing also has an impact on the validity of the assignment of creditor's rights,that is,the factoring,creditor,debtor and other third parties involved in the external validity in its internal validity have new changes in their transaction needs and behavior,and on this basis,the rights dispute also follows.When the practice of factoring financing breaks through the traditional theory of debt transfer,the law should respond in time to balance the interests of all parties,and the best manifestation of such response is the rule change.Factoring financing has brought a positive effect to the economic development by cooperating with the basic trade constantly formed in the development of modern society.How to deal with the problems caused by factoring financing and the legal system involved are the main points of this paper.The text of this paper is divided into four parts.The first part analyzes the basic theory of factoring financing,focusing on the concept,classification and legal nature of factoring financing,which lays a foundation for the following discussion.The second part summarizes the typological problems by sorting out the cases collected by the author,and then analyzes the causes of typological problems from the legislative and judicial levels.The third part studies the comparative law and draws some useful theories or rules for the legislative reference of factoring financing in China.The fourth part combines the practice of factoring financing in China and the experience of comparative law to propose the solution to the typification problem.