Research On Legal Problems Of Debt Cession In International Factoring

In more than one decade, with the thorough development of international trade, the world buyer market is formatting. The International Factoring business, one effective competition approach served for exporters, is gradually being known and adopted. In the fierce world trade competition, exporters have to provide the buyers more attractive terms of trade and methods of payment. No doubt the way of payment, based on commercial credit, such as traditional credit sale and documents against acceptance etc, is benefit to buyers, but will make exporters bear to remit the price largely and credit tikes. Owing to this for regard credit sale as the main sale way, the International Factoring, including loan recovery, trade margin, the bad loan guarantees and the management of bank account etc. This synthetically financial service becomes quickly popular and developed.The writer expects to take advocacy in the thesis through research on legal problems of Debt Cession in International Factoring. The writer suggests China use legislative and judicial precedent from western country factoring system for Chinese International Factoring system reference. Our country should introduce into some common practice of International Convention and International Tradition to perfect Chinese Factoring system and improve development of Chinese Factoring industry.In this thesis the writer begin with the concept definition of Factoring as entrance. After introducing basic legal relationship in International Factoring business, the writer makes further clarifying concept and nature of Debt Cession in International Factoring. In the following part, writer makes a thorough, deep and systematical research. Then the writer proves that the legal foundation and core of International Factoring is Debt Cession and points out that this kind of Debt Cession is an incomplete, special cession in Civil Law. In the next part, this thesis expands the main legal problems and conflicts & solutions on Debt Cession in International Factoring. Standing on this base, the writer makes further analyzing and comparing other country's judicial and legislative practice and precedents of International Convention and International Tradition on solving these conflicts. In the end, taking account of the practice of International Factoring and the present law about it in China, the thesis points out the defects of the relevant rules of Contract Law and offers some legal suggestions to perfect the rules about Debt Cession for prompting International Factoring in China. In addition, the writer also offers other suggestions that are not about law for International Factoring development in China.