The Empirical Research On Disputes And Judgements In Factoring Contract

Factoring is a comprehensive financial business that obtains financing on the condition of debt transfer.According to the relevant theory and practice,it is possible to distinguish the factoring from the different angles into international factoring and domestic factoring,there are recourse factoring and non-recourse factoring,public factoring and concealment factoring,bank guarantee Management and business factoring,single factoring and dual factoring and other different types.The factoring contract is the agreement between the creditor and the factoring firm on the basis of one or more of the accounts receivable creditor’s rights transfer,financing,collection of accounts receivable,accounts receivable account management,bad debt guarantee The Compared with the ordinary debt transfer contract,the factoring contract has the characteristics of the diversity of the subject,the uniqueness of the object,the complexity of the rights and obligations,and the specificity of the form.China’s factoring business started late,there is no specifically for the factoring business legislation and judicial interpretation,combined with the complexity of the case of factoring disputes,which led to the practice of judicial practice in the case of legal disputes,the decision can not be As well as the understanding of the legal facts of the case is not uniform and other issues,these factors together led to the fact that the dispute case is not uniform judicial difficulties.Based on this practical problem,this paper chooses several representative cases of judicial judgments from the Supreme People’s Court Judgment Library,and analyzes the legal relationship with the legal characteristics of the factoring contract.In the case of the nature of the legal relationship between the fact and the case,the creditor under the basic contract takes the transfer of the accounts receivable as the consideration from the factoring In addition to providing financing,the factoring firm also provides the act of collecting one or more of the comprehensive financial services such as accounts receivable collection,accounts receivable account management,bad debt guarantee,etc.,and shall be deemed to be factoring Contract legal relationship,the case should be identified as "factoring contract." Secondly,in the determination of the litigation status of the parties to the factoring contract and the jurisdiction of the case,it should be consistent with the provisions of the Civil Procedure Law of the People’s Republic of China on the litigation status of the parties concerned and the jurisdiction of the case.Thirdly,in the factoring contract,the accounts receivable should pay the guarantor to the liability of the accounts receivable due to the unpaid liability.In the unreasonable factoring contract,You do not have to bear the above responsibilities.Fourth,the factoring contract of the accounts receivable transfer dispute and the factoring contract security contract disputes can not be combined.Fifthly,in the determination of the validity of the notice of creditor’s right in the dispute settlement contract,the obligation of the debtor to fulfill the payment obligation to the guarantor should be notified by the notice.If the creditor fails to fulfill the obligation of notification,the factoring contract is only effective.Sixth,if the basis of the contract under the transfer of accounts receivable,the factoring contract is invalid.Seventh,the basis of the contract under the debtor’s defense of the creditors can directly to the factoring claims.Eighth,in the basic contract changes,no basis for contractual relationship,fictitious basis contract fraud financing and other circumstances should be based on the parties to the fault of the treatment of different.These rules can provide guidance for the handling of disputes in China’s factoring contracts,as well as support the relevant legislation in the factoring industry.Promote the factoring business towards a benign,standardized direction,the need to improve the relevant legislation,but also to establish and improve the factoring industry supervision system.To improve the legislation of the factoring industry,it is necessary to speed up the security of the contract dispute legislation and the relevant normative legal documents to work,and to develop and improve the factoring industry regulations.In addition,we must speed up the establishment of the system of factoring and arbitration,and use the legal system to establish the credit basis of the factoring system.Finally,we should speed up the training of judicial personnel in the case of factoring in order to meet the needs of solving professional and complex problems.To establish an effective and unified factoring system,we need to unify the supervisory department of factoring business,formulate unified supervision standards,supervise the process and system,and speed up the training of factoring personnel.