|Research on Legal Issues of Accounts Receivables in the Factoring Business in China's Banks
|Place of Conferral
|With the development of economic globalization, international trade is becoming more and more frequent, and a large number of foreign financial institutions have come to do investment in our country, which prompted the competition of financial environment in our country to become more and more fierce. The traditional financing mode can no longer meet the new financing needs of enterprises. The bank factoring business as the signed factoring contract between the bank and the seller provides financing fund to the seller. The creditor transfers their rights of accounts receivable enjoyed by goods sold on credit or services provided on credit to the bank. It makes the bank have a new financing mode integrating many functions such as financing, urgently collecting the accounts receivable, and so on. Therefore, it provides a new choice to finance of enterprises in our country. From the point of view of actual demand of rapid economical development of our country and active participation in international trade activities, the bank factoring business will eventually be widely used. However, due to the fact that factoring business was introduced into China from western countries, it has developed in a relatively short time in China. At present, factoring business in our country is still in the initial stage of development. The system and mechanism construction and the legal provisions at various stages are not perfect. There are many problems to be further explored and improved. Therefore, based on the current situation of our country's factoring business and from the perspective of the banks of our country's main factoring agents, this paper widely discusses the transfer of accounts receivable which is a key issue in the bank factoring.Firstly, the legal nature of bank factoring is defined and the legal relationship between the parties involved in bank factoring is analyzed. Secondly, it specifically analyzes the scope of transferable accounts receivable, transfer notices of accounts receivable, conflicts of transfer rights of accounts receivable and other issues existing in the transfer of factoring accounts receivable of banks. Finally, using for the successful experiences of the bank factoring business of other foreign countries in the theoretical and practical aspects, and combining with the actual situation in our country, this paper puts forward relevant opinions and suggestions on improving the legal regulations of bank factoring business in our country, so as to promote the establishment of a forward-looking and modern legal regulations of bank factoring business in our country and promote the rapid development of economy in our country.
马红霞. 我国银行保理应收账款转让法律问题研究[D]. 兰州. 兰州大学,2019.
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