Legal Application and Improvement Path of Factoring Contract——From the Perspective of Modern Commercial Law Thinking
Based on the thinking of defining modern commercial law,this paper analyzes the implementation of the factoring contract system in the Civil code,and argues that its rationale lies in the commercial contract attribute of factoring transactions.Under the system of civil and commercial integration with Chinese characteristics,the special norms of factoring should be respected,and the theory of interpretation and legislation should be further improved.Therefore,the factoring contract should be applicable to commercial subject;the recognition criteria for"future accounts receivable"and factoring financing interest/service fees can be interpreted and applied through commercial law thinking,coordinated through relevant factor qualifications.In this way,the recognition of contract effectiveness,performance and termination of contracts with good laws will be promoted to better control risks and stabilize transaction expectations.
modern commercial law thinkingfactoring contractrisk prevention and controlapplication improvement