The Study Of The Law Question For The Forfeiting

According to the Statements of article 244 of : "Trade financing is a financing that in the commodity trading, the structural use of short-term bank financing tools, commodity-based transactions (such as oil, metals, grains, etc.) in the stock, prepayments, receivables financing, and other assets. Forfeiting is a kind of trade financing. In the background of a buyer's market, forfeiting is not only the means of trade financing , it is more important to help domestic enterprises to get superiority in a competitive market. China's export products structure is changing, and export's of electromechanical equipment is rising up, mostly to the developing countries. The shortage of foreign exchange, and other factors, these countries generally require deferred payments, resulting in the exporter's domestic funds operational difficulties, forfeiting can solve this problem, Forfeiting in China has great space for development.The Forfeiting as a new means of financing in international trade, in recent years it has been get a considerable development. In the international trade financing methods it occupies an increasingly important position, but compared to the rapid growth the research on it is very weak, and basically remain in the stage briefly, and mostly from the financial and international trade perspective.The Forfeiting involves a large of legal issues, and has far exceeded the settlement of international trade and finance to cover the scope of the institute; there is a need for the Forfeiting legal issues specialized research to have a better guide on forfeiting business practice. This paper mainly with the Forfeiting business operation and the association with the legal system, the Forfeiting on the basic legal issues were analyzed. My purpose is to improve the Forfeiting business of the relevant legal provisions provide reference.The full text is divided into four chapters.Chapter 1 is the summary of the Forfeiting , on the origin and development of the concept and identity, legal sources, operational procedures and the launch of the Forfeiting business advantages with a view to the Forfeiting a macro level understanding.Chapterâ…¡is the study on the Forfeiting legal relationship, the body of the forfeiting's legal relationship, the content of the forfeting's relationship, the nature of the legal relationship.Chapterâ…¢is s major legal analysis of the Forfeiting business, the chapter is the focus and core of this paper, mainly of the Forfeiting business in the non-recourse and the Forfeiting security.Chapterâ…£is China's commercial banks' legal risk and its prevention in the development of the forfeiting.