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And International Trade receivables the legal prevention of the transfer of risk

Author: LeiQiang
Tutor: MaQian
School: Zhengzhou University
Course: International Law
Keywords: Assignment of Receivables Cession and Risk prevention Legal Measures Against
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 66
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Abstract

With the changes in the international trade environment, the method of settlement of international trade are changing, credit and other non-traditional settlement gradually prevailed, and its performance is the large number of international trade receivables. Assignment of Receivables in International Trade is the use of receivables financing, risk-averse and means to promote capital flows. The emergence of this new form of financing to existing laws and regulations to bring challenges, but also opportunities. International Trade receivables pertaining to the civil and commercial behavior in the international Convention on International Factoring, International Trade receivables Convention on the Assignment of the constraints of the international conventions, but due to the assignment of receivables in international trade law relations complexity and domestic and international political, economic and legal impact of macroeconomic factors corresponding to the assignment of receivables, the Assignment of Receivables in International Trade risk is inevitable that international trade Assignment of Receivables in how to reduce or avoid the risk is particularly important. Therefore, on the Assignment of Receivables in International Trade risk legal prevention research is necessary. In this paper, the Convention on International Factoring, International Trade receivables Convention on the Assignment of the assignment of receivables international rule of law as the basis, based on national assignment of receivables rule of law, to conclude the assignment of receivables risk legal preparedness priorities in order to analyze the legal basis for the assignment of receivables in international trade risk, the nature of law in a number of key legal issues over to our receivables transferred offer words and building policy as the purpose, in international trade receivable of transfer risk legal defense has taken a comparative analysis of the methods of historical analysis and empirical analysis on the Assignment of Receivables in International Trade law to prevent the risk of research, the text is divided into four chapters: The first chapter is an international trade receivables transferred overview. This chapter is the cornerstone of this article. This chapter begins with the assignment of receivables in international trade meaning and form as well as in the role of the current international financial three international assignment of trade receivables were comprehensively defined. Receivables which involves the payment of money claims arising from the contractual relationship between the creditor and the debtor. International Trade Assignment of Receivables sold and guaranteed two forms, mainly in the form of factoring, forfeiting, asset securitization and project finance. Exports of capital goods exports of consumer goods for shorter settlement period the assignment of receivables factoring, for the settlement of long-term notes receivable forfeiting transfer, both belong to financing receivables buyout. Asset securitization receivables can be dispersed, staggered species, can also can be, should generate stable cash flow in the structural arrangements, project financing is mainly based on the future earnings of the project guarantees or project future assignment of receivables to obtain financing, the two belong to structured finance receivables. The second chapter is the legal environment for international trade Assignment of Receivables in risk prevention and legal analysis laid the law and the legal basis. First introduced the Assignment of Receivables in risk prevention in the regulation of international trade legal environment, followed by a legal analysis of the assignment of receivables in international trade. Assignment of Receivables in regulating international trade risk the rule of international law, including the Convention on International Factoring, International Trade receivables Convention on the Assignment of legislative guide on secured \Assignment of Receivables risk domestic legal system are a few to represent the country's Civil Code or the Commercial Code of Credit based theoretical system and legal norms. It can be seen that the assignment of receivables in international trade law is based on the assignment of rights and, in essence, debt financing. Through the analysis of the transfer of the main legal issues in international trade receivables can draw the following conclusions: the assignor and the assignee is a contractual relationship; assignor and the debtor claims and liabilities; assignee and the debtor is actually new claims and liabilities; assignee and other third party rights competing relationship. Assignment of Receivables in international trade should meet international allows, intention and the relevant requirements of the contract form. The third chapter describes the assignment of receivables in international trade Risk and Legal measures. Assignment of Receivables in International Trade legal relationship complexity and international political, economic, legal and macroeconomic factors corresponding to the assignment of receivables, resulting in the assignment of receivables risk is inevitable that international trade Assignment of Receivables in how international trade is particularly important to reduce or avoid the risk. This chapter from the receivables transfer of the legal relationship between the parties and the Assignment of Receivables in the perspective of a variety of specific forms of research on international assignment of trade receivables risk. Assignee international assignment of trade receivables bear the main risks, including the risk the effectiveness of the assignment of receivables, receivables rights defect risk, the risk of the debtor's defenses modify the risk of the underlying contract, the exchange rate, interest rate risk of changes and political risks. Response key is to choose a good investment environment and legal environment. The fourth chapter is the transfer of risk law to prevent the situation in China's international trade receivables and related recommendations. China already has a market environment and legal environment of the assignment of receivables, but the Assignment of Receivables in the current development of China's foreign trade accounted for the proportion of the world's international trade is not commensurate; relevant legislative level, mutually inconsistent, some issues are not clear , need further improvement. China should improve the legislative level, to increase the protection of the interests of the assignee, building a priority system suitable for China's national conditions, as soon as possible to ratify the Convention on International Factoring and Assignment of Receivables in International Trade Convention \The innovation of this paper is reflected in theory proposed legal basis for the Assignment of Receivables in International Trade prevention of the risk of legal and substance, and analysis of the assignment of receivables risk is primarily legal means to prevent international trade; application targeted measures and recommendations; evidence on the method of use of the data instances.

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