Analysis On The Dispute Of Factoring Contract Between Qichun Company And Yan’an Branch Of ICBC

With the entry into force of the Civil Code of the people’s Republic of China,the civil law system of our country ushered in the era of code."Factoring contract" as a new typical contract is written in Chapter 16 of the Contract,with nine provisions to clarify the relevant content of factoring contract.The Civil Code regulates the legal nature of factoring contract,the subject of the notice of assignment of creditor’s rights,the repayment method and order of factoring with or without recourse,and to a large extent meets the needs of the rapid development of factoring industry in China.However,due to the late start of factoring business in China,there are still laws and regulations not yet perfect,case studies are insufficient,and the relevant legal supporting facilities are not perfect,all of which need to be continuously improved through judicial interpretation and judicial adjudication in judicial practice.The introduction briefly explains the background and significance of the topic,and introduces the relevant contents of factoring contract.The first part analyzes the case and the reasoning of the court decision,summarizes the dispute focus of the case;the second part defines the legal relationship of the case.Factoring contract is different from financial loan contract,creditor’s rights transfer contract and transfer and guarantee.The third part analyzes whether the basic contract,accounts receivable transfer and other factors will affect the effectiveness of factoring contract,and puts forward the corresponding solutions;The fourth part identifies the identity of the factoring person and explores the different relief paths when the factoring person encounters disputes with or without recourse,so as to better safeguard the legitimate rights of the parties involved in factoring.