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Research on the Assignment of Receivable in International Factoring
Author: ZhangYun
Tutor: XuHaoMing
School: China University of Political Science
Course: International Law
Keywords: International Factoring Account receivable Conflicts
CLC: D996.2
Type: Master's thesis
Year: 2009
Downloads: 80
Quote: 0
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Abstract
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International factoring is a synthetic financial service including at least two of the four functions: finance for the supplier, management of account relating to the receivables, collection of receivable and protection against the credit risks. International factoring involves several parties such as supplies, importers and factors, among who exist complex relationships including each party’s rights and duties. There are many legal issues arise from the assignment of receivables, which is the core of international factoring. Especially, the conflicts between the international factors and the third parties happened frequently. Finally, the resolution of these legal issues will depend on the effectiveness of the assignment of receivables and whether the international factors can acquire perfect right on the receivables. This paper focuses on the conflicts of rights between international factors and third parties instead of reaching every aspect involved.The first chapter gives a brief introduction the definition of international factoring. Concludes that transnational assignment of credit is the legal basis of international factoring. The second chapter analyzes the conflicts of between international factors and third parties respectively and offered some suggestions for the settlements. The third chapter explicates the respective settlement of various kinds of conflicts in the world through a comparative study. , and then reviews the priority rules provided in the <United Nations Convention on the Assignment of Receivables in International Trade>.Finally,the author analyzes seriatim the force of assignment of account receivable creditor’s rights, the effect of factoring restriction on assignment of account receivable creditor’s rights, creditor’s rights assignment and pledge hereof. The author makes an inductive analysis of the priority rule and relevant legal system of international factoring in China, and puts forward some suggestions to perfect the priority rules to settle conflicts between international factors and third parties in the assignment of receivables, hoping to promote the development of international factoring in China.
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CLC: > Political, legal > Legal > International law > International Economic Law > International financial and monetary law
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