Factoring Law Risks And Countermeasures Research For Factors In China

Factoring is a creditor to transfer its accounts receivable rights as the premise,to provide financing to creditors by factoring,account management,comprehensive financial service guarantee and other services.As a comprehensive financial service system,the significance of factoring is that it can timely recover loans,accelerate capital turnover,improve the efficiency of the use of funds and reduce the financial risk.In recent years,with the development of Commerce and trade,credit payment has become the main means of settlement,the market demand of domestic factoring gradually increased,factoring business has developed rapidly.At the same time,there are also many domestic factoring legal risk caused by factoring contract disputes,hinder the development of the factoring industry.This paper consists of four parts:The first chapter is an overview of domestic factoring.This chapter combines the concept of international factoring the concept of domestic factoring,the legal attributes and characteristics of understanding,at the same time the main types of domestic factoring are introduced.Domestic factoring is a comprehensive financial services to provide creditor with account management,payment of accounts receivable and credit guarantee base on transferring accounts receivable.The theory on transfer of creditor's rights should be the basic legal attribute of factoring,but from domestic factoring in for the purpose of financing,with the characteristics of creditor's rights as the main source of repayment,and three main business types:domestic financing,with recourse,hidden factoring,factoring is currently more legal property pledge of obligation.The second chapter studies the legal relationship in domestic factoring.This chapter analyzes the legal nature of domestic factoring contract,discusses the rights and obligations of the parties to enhance the understanding of the legal relationship in domestic factoring.That the legal nature of factoring contract is the creditor's rights transfer contract as the main characteristic absorption characteristics,but also include the agency contract,a hybrid contract guarantee contract legal relationship characteristics.It studies all the parties in domestic factoring including factoring,creditor,debtor and guarantor between rights and obligations,namely factoring contract,involved in domestic factoring contract,and the relationship between therights and obligations of guarantee contract.The third chapter mainly studies the risk of legal domestic factoring,summarizing the five types of legal risks,including: lack of legal norms,factoring contract flaw risk,the legal risk of the creditor debtor's defense,fraud and irregularities in factoring business.The factoring itself does not regulate the operation,by factoring in the name of lending,the factoring service into the lending business,factoring legal relationship with the legal relationship of credit behavior through the basic theory of factoring system,is the internal mechanism of damage,seriously hinder the development of domestic factoring industry.The fourth chapter is taking on the risk prevention of factoring law.According to the risk types of the previous chapter,the article proposes the following measures to prevent legal risks,and promote the healthy development of the factoring industry.The actions includes the development of the judicial interpretation of a comprehensive review of factoring contract,contract and liability for breach of agreement with creditors,credit status and transaction basis of the contracting parties,play factoring industry associations supervision and guidance functions.