Analysis of the Legal Problems of Forfaiting
|Keywords||Forfeiting Non-recourse Guarantee|
Forfaiting is a deferred payment trade services for international new financing instruments. Forfaiting transaction, the exporter without recourse to the transfer of trade receivables of its bills to the forfeiting supplier forfeiting the supplier provide financial intermediation and bear collection risk. The business to reduce trade risks, and enhance the competitiveness of exporters in the world's a buyer's market environment has important significance. This paper Forfeiting combined with international practice and legal system, Forfeiting basic legal issues, aimed Forfeiting our country and improve the relevant laws in China to provide a reference. Removal of the introduction and conclusion, the text is divided into four chapters. The first chapter introduces the concept of the origin and development of the forfaiting business, forfeiting characteristics different from the international factoring, loans and other financing business by comparing Forfeiting the pros and cons of each of the parties, indicating the blessing fee-ting the legal relationship between the parties. The second chapter deals with the legal basis for forfeiting. This chapter begins by forfeiting the analysis of the operation and functions of the rights and obligations between the forfeiting between the parties, to determine the legal basis of forfeiting that transfer of accounts receivable; then pointed out that the receivables in the forfaiting transfer special is to take the form of transfer of the Notes; then as the basis of domestic and foreign Negotiable Instruments, from the Forfeiting notes, transferable bills, transfer mode, the transfer of the effectiveness of four aspects of forfeiting notes for sale. Chapter III Analysis of forfeiting the essential characteristics - without recourse. This chapter explain the meaning of non-recourse basis, specific analysis of the way to achieve non-recourse exporters can be used in different legal systems both at home and abroad, and finally discusses the non-recourse on the relative effectiveness and Further analysis of the prerequisite that must be met by the exporters to enjoy the treatment of non-recourse. The fourth chapter analyzes the the Forfaiting guarantee. This chapter points out the endorsement guarantees, the strengths and weaknesses of each of these three forfaiting business of independent guarantees and standby letters of credit used in the way of security. The endorsement guarantees, its on-demand and effectiveness of the provisions of the relevant legal system; elaborated both the similarities and differences of independent guarantees and standby letters of credit, and comment on our legal system.