The Empirical Research On Disputes And Judgments In Factoring Contract

As a new financing method,factoring is very importance to the development of substantial economy,and the special chapter of factoring contract in the Civil Code contract is needed for social development.However,due to the novel type of factoring contract cases and the complex legal relationship,the court trial lacks uniform rules of adjudication,which leads to the problems such as disintegration of cases,unclear jurisdiction,uncertain defendant and trial scope,and the influence of basic contract on the determination of factoring contract validity.The legal relationship of factoring contract is defined as the assignment of creditor's right with guarantee conditions.Through the analysis of typical examples of judicial decisions,the rules of adjudication to be followed in such cases are put forward.First of all,after the promulgation of the Civil Code,the case of factoring contract is unified as "factoring contract dispute ".Secondly,different principles should be applied in different cases.Thirdly,it is clear that the creditor and debtor of accounts receivable can be co-defendants,and that the multiparty legal relationship involved in the case is implicated and can be tried jointly.Finally,when there are false accounts receivable and anti-assignment clauses in the basic contract,the factoring contract is not of course invalid,so we should examine the authenticity of the basic trade contract and the contract agreement prohibiting the transfer,and treat it differently according to the actual performance of the contract.These adjudication rules can provide the way for the court to hear the cases of factoring contract.