The value balance between the circulation of claims and the protection of debtors is an important subject in the assignment of claims law,and it is also an important factor.Factoring involves both the legal relation of factoring and the basic legal relation.Under the principle of autonomy of will,the parties to the basic relationship can freely negotiate to change or to terminate the contract.However,in the case of factoring,due to the change or termination of the basic contract,the value of accounts receivable may be depreciated,thus damaging the realization of the benefits of the factoring,so the institutional level needs to set up an interest balance mechanism to effectively coordinate the conflicts of interests between the factoring and the debt.In view of this,Article 765 of the Civil Code sets two restrictive grounds for negotiation change or termination of the bas-ic contract after the arrival of the transfer notice,"there are valid reasons"and"there is no adverse impact on the factoring",one of which can be effective against the factoring.This paper intends to conduct a doctrinal analysis in order to help optimize the judicial practice and the business environment under the rule of law.
FactoringBasic ContractNegotiate Change or TerminationDynamic System Theory
万方数据
维普
