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A Research On The Law Of Debt Cession Problems In International Factoring

Posted on:2006-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q MaFull Text:PDF
GTID:2166360155964734Subject:International Law
Abstract/Summary:PDF Full Text Request
International factoring is widely used in international trade settlement and financing abroad, while it is not so in china, which then cramps Chinese foreign-trade further development. The reason why we lag behind is that we are weak in law researching, which is still in entry-level. This dissertation is giving a systemic research on assignment of credit that is the legal basis of international factoring.This paper focuses on assignment of credit instead of reaching every aspect involved. It gives a brief introduction of international factoring in chapter one, affirming its positive impact in promoting international trade and pointing out its difference from other financing services, from which it puts forward the necessity of developing international factoring in china.The author concludes that transnational assignment of credit is the legal basis of international factoring by comparing several different legal points of view. Then this paper analyzes and discusses the legal nature of international factoring and the comparison of legislation of account receivable. A brief introduction of legal relationship between international factoring parties involved is made in the following chapter. Taking the system of the paper into consideration, the study on effective requirements of assignment of credit and its validity is an indispensable part. The paper also refers to other legal issues concerning assignment of account receivable. The author clarifies his own opinion about perfecting regulations relating to assignment of credit in Chinese Contract Law. His idea is as follows: Agreement banning assignment of credit is null and void; Notification is also a right of transferee; Assignment of credit shall be made in a formal contract; Regulations about the third partyshall be made clearer. In order to contribute to Chinese international factoring, the author brings forth protective measures against risk of international factoring in the last chapter.
Keywords/Search Tags:International factoring, assignment of credit, law
PDF Full Text Request
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