Success And Deficiency Of Factoring Contract In Contract Compilation Of Civil Code

Factoring is a kind of providing financing,accounts receivable collection,account management,the bad debt guarantee comprehensive financial services,can effectively solve the problem of financing difficulties of small and medium-sized enterprises and credit risk,thus received extensive attention of everyone,factoring in our country in recent years has maintained a momentum of development,expanding the size of the market,now our country has become the largest country in the factoring business in the world,has the world’s largest factoring market.With the development of the industry,the number of factoring dispute cases continues to rise,and the number of commercial factoring related cases keeps increasing.On the one hand,although the People’s Bank of China,China Banking and Insurance Regulatory Commission and other financial administrative departments have also introduced a series of regulatory policies,the regulations related to factoring are relatively general.On the other hand,the court’s guidance for factoring cases is of low level,which is not suitable for the reality of rapid development of factoring business and complicated disputes.The legal application of factoring contract dispute cases is mostly scattered in relevant provisions of other laws,and the standard is difficult to be unified.Therefore,it is necessary to accelerate the legislative process of factoring and promote the coordination between legislation and practice.In this context,it is undoubtedly of great theoretical and practical significance to add "factoring contract" into typical contracts in the Civil Code.This paper will start with the basic theory of factoring contract,apply the basic theory of civil law and the research method of comparative analysis to make an analysis,respond from the perspective of current legislation and norms,and put forward targeted suggestions to improve the relevant system of factoring contract.This paper is divided into three chapters.The first part summarizes and combs the basic theory of factoring contract,including the concept,type and nature of factoring contract.The second part through to the international as well as various countries have perfect the legislation of factoring contract with the method of comparative law,analyzes the "civil code" factoring contract in our country legal regulation of successes,including admitted based on future set up accounts receivable factoring contract,and gives the body of the factor to inform status,can guarantee in not notify the creditors,or under the situation of the loss of legal subject status,safeguard factor with relief means.On the basis of the third part in view of the "civil code" factoring unclear rules not provided in the contract or the law of questions,such as authenticity of accounts receivable examination standards,the influence of the receivables transfer limit factoring contract effectiveness,based on pledge of accounts receivable can be set up factoring contract,the fourth part combined with the legislative intent and legislative purpose to explore a reasonable solution,to find the perfect path of factoring contract,fundamentally solve the dispute of factoring,maintain the stability of the factoring industry development,improve the legal system in our country.