The Empirical Research On Disputes And Judgements In Factoring Contract

In 2021,the factoring contract will be included in the contract volume of the Civil Code as the only new typical contract,which is of epoch-making significance and has a guiding role in the development of factoring industry norms.However,due to the natural complexity of disputes over factoring contracts,the Civil Code does not specify all the legal issues involved,so there are still a lot of disputes in judicial practice,especially the two years before and after entering the code.For example the issue of factoring,which is actually a loan,the unclear and unspecified scope of accounts receivable,the determination of the validity of factoring contracts caused by defects in the underlying contract,and the validity of contracts in the case of “criminal-civilian crossover”,all of above lack the unified standards of adjudication.Based on this practical problem,this paper selects a total of 100 samples of factoring contract disputes judgments from 2020 to 2021 from the “China Judgment Online ” and“Wolters Kluwer”.Through the data statistics of the sample basic situation and the contention points,summarize the current disputes arising from factoring contract disputes in practice and the current judgment standards of the court,and then find countermeasures to solve the corresponding problems.The first chapter is the basic theory of factoring contract.This part mainly introduces the basic concept of factoring contract,its constituent elements,and the relationship between the rights and obligations of the three parties,to pave the way for the empirical analysis that follows.The second chapter is the empirical data statistics of 100 samples of judgment documents.It is mainly organized from two aspects: one is the data analysis of the basic situation,including five aspects: trial level and trial procedure,region,type of factoring contract,type of basic contract,and litigation status of the parties.The second aspect is the summary of the contention points,which mainly includes five dimensions: the dispute over whether the factoring legal relationship is established,the dispute over the validity of the factoring contract,the dispute during the performance of the factoring contract,and the dispute when factoring involves "criminal-civilian crossover",and related legal issues.The third chapter deals with the difficult issues in judicial practice of factoring contract disputes.This paper analyzes the problems of long-term disputes in the field of practice,and analyzes the causes of the four aspects: the difficulty of characterization of the legal relationship of factoring,the unclear criteria for determining the validity of the factoring contract,the unclear performance rules of the factoring contract,and the confusion in the handling of "criminal-civilian intersection".The fourth chapter is the perfection of the judicial path of factoring contract disputes,and provide a series of countermeasures to solve the above judicial problems : First,the elements of the legal relationship of the factoring contract should be clarified,the formal requirements for the interpretation of the establishment of a legal relationship should be limited,and the substantive requirements should be regulated.Second,factoring companies should strengthen due diligence on underlying transactions,not only to examine the authenticity of underlying transactions,but also to clarify the specificity of accounts receivable and conduct factoring business prudently.Third,the order of repayment and the form of notification should be clarified to save judicial resources.Fourth,the judicial connection mechanism should be established for crosscriminal and civil cases.Besides,in order to clarify effectively protect financial claims,the selection of procedures and the rules for determining the validity of contracts should be clarified.