The Research On Legal Problems About The Assignment Of Receivable Accounts In The International Factoring

Nowadays,the international factoring as a new and comprehensive trade settlement method which can provide several services as short-time trade finance,maintenance of sale account,full protection against bad debts,appraisal of debtors' credict,collection of debts,is becoming more and more important in the international trade and finance field.The legal foundation of the international factoring is the assignment of the receivable accounts which are produced in the trade agreement between the exporter and importer.in the business of International factoring,after the exporter signing a factoring agreement with the factor and notify the importer,he will be deprived of the right to collect debts from the importer ,however, the factor will be entitled to do so, with the copy of invoice,and to manage the sale account,at the same time,take the risk of the importer having no ability to reimburse the debts.all of these just are consequences of the title to the receivable accounts assigned from the exporter to the factor.How to effectively protect interests of the factor is the most important thing .in the course of the legislation .the author think should regulate the act of the assignment between the exporter and the factor as following:Firstly ,the future receivable accounts must be permitted to assign, because the bulk assignment is a important and convenience way of assignment in the practice of the international factoring,that is to say, accounts are not in existence when the agreement of assignment is entered ,but it is must be enough definitive.Secondly,the assignment will not be bond to the importer until he receive the notice that the receivable accounts have been assigned to the factor.Thirdly,the agreement of international factoring between the export and factor must be in writing or to be nothing.At last ,the agreement is void that the receivable accounts can not be assigned to others agreed by the exporter and importer in the international trade business ,because it will grievously obstruct the undertaking of the international factoring.In the course of the assignment of receivable accounts will absolutely encounterconflicts of rights between the factor and third parties ,how to determine the preferable right is also a important subject in this essay.The legislation about the international factoring.in China is still needed to be further perfected, the author provides some useful advices.