Dissertation > Excellent graduate degree dissertation topics show

Legal Issues of the assignment of receivables

Author: XinRuGuo
Tutor: JiaoJinHong
School: University of Foreign Trade and Economic
Course: International Economic Law
Keywords: Assignment of Receivables Receivables Financing Legal Issues Transferor Assignee Debtor's right of defense Transfer Contract United Nations Commission on International Trade Financing Agreement Implied obligation
CLC: D912.28
Type: Master's thesis
Year: 2000
Downloads: 159
Quote: 1
Read: Download Dissertation

Abstract

States on assignment in receivables financing laws there is a big difference, based on the philosophy of law system and the concept has a lot of differences. This article will focus on the UNCITRAL draft Convention on Assignment of Receivables and combines common law and civil law concerning legal entities Assignment in Receivables Financing preliminary research legal issues and trying to pass this effort should be to the national Assignment in Receivables Financing for reference. The concept of the international presence of the receivables different understanding, understanding this difference include different definition of the same term, but also for the same or similar content using different terminology. Receivables is both broad and narrow definition. As a repayment of the receivables, and other relevant legal terminology, such as the rights and claims. According to different criteria, receivables can have different classifications. Chief among these is the current receivables and future receivables distinction. Distinction between international and domestic receivables receivables, mainly from the perspective of the Convention, because this distinction relates to the application of the Convention. Assignment of receivables related to a variety of transactions that are the main types of factoring, forfaiting, securitization, project financing, refinancing, swaps and derivatives trading and loan syndication and so on. Receivables financing is the sale of receivables or receivables in the form of secured financing, which is the ownership of asset-based financing were similar. Receivables financing has been not a mainstream way of financing, but in the past 20 years to produce and develop, depending on receivables financing disadvantages and advantages. Receivables financing constraints for many reasons, mainly for the right to make a realistic assessment of a variety has its own difficulties and the buyer or lender to improve its rights to two kinds of difficulties. Benefits include the value of receivables relative stability, improve the gearing ratio of the transferor, and enhance the financing capacity of the financier benefits, receivables financing can not play the traditional role of financing and so on. Transfer is achieved receivables financing legal channels. The typical definition of the transfer is the definition of American law and conventions, assignment and transfer are two different legal concepts, the transfer is to transfer one way. Associated with the transfer of the contract, including the transfer of contracts, financing or other services contract and the original contract. Assignment of receivables financing mainly includes two, one for sale, and the second is to guarantee in the form of an assignment. Guarantee is a more complex form of transfer, the common law and the civil law of receivables secured guarantees on another there is a big difference. Anglo-American law guarantees in the form of mortgage receivables, receivables fixed charge, floating charge receivables and receivables contractual lien and pledge. Continental law, typically German law guarantees on receivables, there is the so-called debt to Anglo-American law with guarantees and similar floating on guarantees and comprehensive disclosure shoe alienation alienation. Assignment also involves the transfer of dependent claims, so when the creditor, debt guarantees and other appurtenant rights, are generally accompanied by the transfer to the transferee. Receivables sold and there is a distinction between secured, this distinction is difficult to distinguish in practice, but has important significance. According to English law, based on guaranteed loans to set up repayment obligations, and redemption through the repayment of collateral rights, and the purchase is totally involved in the transfer, the transferor is no obligation to pay, there is no right of redemption. Security law and bankruptcy law from the perspective of the sale of receivables to be re-characterized as if the receivable is secured on the financier is quite unfavorable. Subject and object of the transfer has been limited, this restriction helps to ensure the stability and certainty of transactions. Countries may protect the debtor from a public policy point of view, or by prohibiting certain forms of legal assignment of receivables, the parties may, by agreement prohibit or restrict the assignment of receivables. Therefore, this limit includes contractual restrictions, legal restrictions, a broad understanding of statutory limitations, including the form of the transfer restrictions. Assignor and the assignee of the rights and obligations derived from its agreement, the agreement and the terms and conditions mentioned therein any rules or general conditions is to determine the rights and obligations of the assignor and the assignee basis. Assignor and the assignee have agreed practices and any practices established and binding on both parties lt; WP = 4 gt; force. This relates to the question of interpretation of the contract. The assignor intention to reduce transaction risk. Ideographic transferor generally determines whether the assignee to collect the receivable from the debtor. This is an ideographic implied obligations. Here there is a fair balance between trade and facilitation issues. Transferor does not guarantee the solvency of the debtor, is a generally accepted principle. The transferor to make the transfer does not have the qualifications or unauthorized, is ideographic violated. If there are legal restrictions on the transfer, the transfer also constitutes a violation of people ideographic. Respect of the same assignor had already made an assignment of receivables also constitute a violation of ideographic. If there is the debtor's right of defense or rights of the transferor constitutes a violation of ideographic. Breach of the implied obligation of the transferor, is a financing agreement or transfer agreement (if the transfer agreement is different from the other financing agreement protocol) breach of contract should be applied to the corresponding legal constraints. In order to make the transfer of the debtor and third parties with a relatively enforceability, notify the debtor of the assignment of receivables in various forms is very important. Subject of the right on the notification, or the transferor or transferee, or both. Notification and payment instructions there is a difference, notice need not contain any payment to the assignee of the debtor's instructions. Assignees claims and retain the assigned receivables right to payment, which is common in most legal systems a rule, but this right by the assignee of the various restrictions, including contractual restrictions and priorities restrictions arising from the right. Repayment of the subject should be understood broadly, including the transfer of the receivable itself and accounts receivable arising from the proceeds. Debtor is independent between the assignor and the assignee financing contract and / or transfer contract third person, from the perspective of fairness, it should not be increased because of this transfer contract any obligation outside the original contract. The transfer of modern law is a fundamental purpose is to facilitate transactions and debtor protection against adverse effects to achieve a balance between. Notify the debtor of great significance, such notification may result in changes in the legal status of the debtor. Therefore, the law made a formal notification requirements to ensure proper notification of the debtor's steamer. Debtor may discharge the debt by paying the payment

Related Dissertations

Legal Problems of Coal Mine Safety Supervision,D922.62;X922.2
A Study on Legal Issues of Land Resources Protection in Western China,F301
The Legal Problems Research of Resource-based City Developing Circular Economy,F205;F299.2
Legal Issues in Electronic Payment,F832.2
Construction project \,F284
A Study on Basic Legal Issues of the Company Judicial Dissolution Lawsuit,D922.291.91
China’s Rural Land Issues in the Legal System,F321.1
The Legal Issues of Blue Trade Barriers,D996.1
A Stady on Some Legal Problems of Listed Companies Stock for Stock M&A by Examples.in Our Country,D922.28;F275
System of our real estate acquired in good faith legal issues,D923.2
Natural disasters, government bailout Legal Issues,D912.1
Legal Issues watershed ecological compensation in China market,D922.68
Product liability insurance Legal System,D922.284
The Legal Issue of Bankruptcy Administrator,D922.291.92
Research of Legal Problems on Trade Name,D923.43
Let the assignee with the interests of creditor protection system analysis and reconstruction,D923
Beijing Area Small Property Right House Legal Matter Research,D923;F293.3
A Legal Study on Preventing and Handling Mass Incidents,D922.14
NGO Legal Issues Brief,D632
And International Trade receivables the legal prevention of the transfer of risk,D996.1
The Research o n Legal problems of Receivables Finacing,F275