On Basic Legal Issue Of International Factoring And Its Application In China

International factoring is an alternative method of international settlement and financing provided by factors to exporters, which involves financing, sales ledger administration, collection of accounts receivable and credit cover. Under the current situation of buyer's market, fierce competition of international trade and diverse methods of international settlement, international factoring business meets the demands of development of international trade because of its particular advantages and consequently has gained wide recognition and application in the world. As a promising field of business, International Factoring is playing a more and more important role in promoting the development of the international trade however, the basic research of international factoring, especially on the legal issues is not enough.This paper first analyzes and discusses the definition and origin of Factoring, then deals with the classifications of the International Factoring and its operation, International Factoring organization as well as corresponding international legislation, and analyses the advantages and limits of International Factoring compared with other settlements of international trade. On the basis of discussion of the opinions on the legal nature of International Factoring and on the relation between the assignation of receivable account and International Factoring and other aspects of International Factoring, this article puts forward its view on the legal nature of the International Factoring. The payment in International Factoring which is easily given rise to disputes, the conflict of obligatory right of receivable account with other rights, and the deceit in International Factoring are discussed in detail in this paper, then suggestion to avoid the deceit is given at last. In the last chapter, combining legal situation required by International Factoring and the...