A Legal Study of the Assignment of Accounts Receivable
| Autor: | Chi-shun Chang, 章繼舜 |
|---|---|
| Rok vydání: | 2008 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 96 Because of the transformation in the patterns of international trade practices, factoring, with its financing, risk-bearing and debt-management/collection function, has helped enhancing export businesses which seek to elevate market competitiveness. Although factoring business has been widely adopted by the international community for many years, there are, however, only a few discussions in Taiwan with respect to the legal relationship between the parties and available resolutions for potential disputes. The thesis intends to provide some clarification and analysis, based on domestic jurisprudence and academic comments, as well as legal regimes of other jurisdictions. The thesis first introduces the meaning, the nature (Section 2-1) and the legal effect (Section 2-2) of assignment of account receivables under factoring business in Taiwan, and the legal connotation, the functions and the varieties of factoring (Section 3-1), and relevant banking regulations with respect to factoring (Section 3-2-1), and compares factoring with other related financial commodities such as forfeiting (Section 3-2-2) and export insurance (Section 3-2-3),. Secondly the thesis further organizes domestic jurisprudence and academic comments, as well as legal regimes of Japan, Germany, and US Uniform Commercial Code and major international regulations including UN Convention on International Factoring and UN Convention on the Assignment of Receivables in International Trade, to provide some analytical views to three critical disputes in practices— the transfer of future creditor’s rights (Section 4), the contractual terms prohibiting assignments (Section 5), and the effects to third parties (Section 6), which form the center of the thesis. The final part of the thesis concludes from aforesaid domestic and international sources, and attempts to provide some legal advises regarding factoring disputes in Taiwan. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
| Externí odkaz: |
|