Factoring contract models in Russian civil law
Автор: Karpova V.S.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 3-1 (66), 2022 года.
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The models of factoring agreements that have developed in the modern civil law of Russia are considered. It is shown that in dynamics there is a development of civil law norms, taking into account the actual needs of business in the management of receivables, which formed the basis for the formation of several models of a factoring agreement that differ in the order of fulfillment of obligations. In the receivables sale model, all rights of claim are transferred to the factor, usually the price of the contract is lower than the amount of the obligation to the creditor, but the factor bears all the risks associated with the fulfillment of the obligation, except for the creditor's liability for its validity. In the receivables lending model, it acts only as collateral, the creditor is responsible for the actual amount of payment. The factoring agreement can be organized as a receivables management, in which case the creditor is obliged to provide the factor with documents confirming the obligation, but has the right to refuse the factoring agreement
Factoring agreement, receivables, factor, obligation, creditor, receivables servicing
Короткий адрес: https://sciup.org/170193118
IDR: 170193118