| International factoring is a synthetically method of international settlement and financing in international trade provided by factors to buyers, which includes researching and valuing the credit of traders, administration and collection of accounts receivable, financing of international trade and guaranteeing the buyer's credit. So international factoring can not only avoid the venture of business and foreign exchange in the transaction of buying on credit, but also the capital occupied, complicated and inflexible procedures. Besides that, international factoring has the advantage of finance communication and credit management. Owing to the peculiarity of international factoring, the countries in Europe and American were accepted it widely and also it had developed rapidly. Standing upon the basic problems of credit right transfer in world ARP,comparative analyze the correlated legislation and Judicatory fulfillment in aunties and the current doing of international practice. It also makes analysis of so lotions for legal conflict in international ARP.The first will discuss the general background of international factoring, including the definition of international factoring, its origin and development, service diversities, international factoring agreement and its basic legal relationships. In the second, this dissertation will study the legal characterization of international factoring, which concludes that the assignment of rights over accounts receivable from the manufacturer to the factor is the essence of international factoring. With the fundamental established, Chapter Three will discuss the special problems in the operation of international factoring with the theories of debt assignment.As account receivable assignment being the crucial legal problem in international factoring, the author analyzes seriatim the force of assignment of account receivable creditor's rights, the legal effect of factoring restriction on assignment of account receivable creditor's rights, creditor's rights assignment, right conflicts out of the assignment and the registration of assignment and pledge hereof. The author provides his own explanation on how to understand these problems within the contemporary Chinese legal system, and proposes a series of legislation suggestions.This paper puts forward some Countermeasures for promoting the development of our country's international factoring business such as strengthening the prevention of the risks in the international factoring business, establishing a legal environment that is beneficial to the development of the international factoring business, and speeding up the construction of social credit system relative to the international factoring business, etc... |