Academic literature on the topic 'Assignment of receivables'
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Journal articles on the topic "Assignment of receivables"
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Smolyn, Yaroslav. "Problems of the Legal Nature of a Monetary Receivable Assignment under a Factoring Contract." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 43 (2024): 227–38. http://dx.doi.org/10.23939/law2024.43.227.
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The article is devoted to the analysis of the relations of the parties under the factoring contract and the ensuring of the client’s obligation fulfillment to the factor by the assignment of monetary receivables. The client’s obligation to the factor on assignment of the monetary receivables under the factoring contract is analyzed in the article. Based on the exploration of the factoring contract construction, the content of the client’s core obligation to the factor under the conditions of the contract is determined. The assignment of monetary receivables. The assignment of monetary receivables in order to fulfill the core obligation and the accessory one of the client to the factor are analyzed. Their ratios are found out. The approaches of scientists to the justification of ensuring the fulfillment obligations under the factoring contract by assigning the right to a monetary claim, its meaning and feasibility of application in factoring relations are given. The peculiarities and characteristics of the monetary receivables, as a type of the client’s obligations to the factor fulfillment ensuring, are clarified. The thesis about the expediency of distinguishing the assignment of monetary receivables in order to fulfill the core obligation and the accessory one is proposed. The expediency of ensuring the fulfillment of the client’s obligations to the factor is substantiated by a real, individually determined monetary receivable, which has fallen due, because in this case, guarantees to protect the factor’s interests in case the client violates his obligations are created. The correspondence of the criteria for the by the legislator’s formalization of the monetary receivable assignment to the features of the accessory obligation is studied. The nature of the obligations that arise between the factor and the client during the security assignment of a monetary receivables is committed and its implementation by the factor are being researched. Upon the aforementioned the conclusions about the nature of relations between the factor and the client during the accessory monetary receivable assignment implementation which has an inherent intermediary character and the imperfection of the ensuring accomplishment of the obligation mechanism under the contract by the assignment of monetary receivable are made.
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Gao, Chaokun, and Yinglai He. "Journey to the Future: The Assignment of Future Receivables in China." International Journal of Education and Humanities 19, no. 2 (2025): 103–7. https://doi.org/10.54097/yw5jx649.
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The legality of the assignment of future receivables in Chinese law has undergone a significant transformation, representing another instance of Chinese law continuously updating itself to meet transactional demands. Chinese law does not recognize the independent juristic act of real rights, thus offering a more flexible legal framework for explaining the assignment of future receivables. To eliminate the negative externalities of the assignment of future receivables, it is essential to continuously refine the certainty standard to exclude assignments of future receivables that lack any determinability and to establish a unified registration system. The effect of future receivables assignment occurs immediately at the time of agreement, at which point the future receivables will become the enforceable assets of the assignee.
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Levrinc, Miloš. "Assignments of Receivables in Civil and Commercial Matters Under the Laws of the Slovak Republic." Access to Justice in Eastern Europe 6, no. 2 (2023): 122–34. http://dx.doi.org/10.33327/ajee-18-6.2-a000223.
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Background: Receivables play an increasingly important role in the financing of particularly small and medium-sized businesses. This importance has been recognised by many international organisations, including UNIDROIT, which is slated to adopt a Model Law on Factoring in 2023. The purpose of the Model Law is to encourage States to modernise their legal frameworks for absolute and security assignments, as well as pledges of receivables. The EU has been struggling to find common ground with respect to a regulation on the law applicable to assignments that would build on the Rome I Regulation. A modern receivables regime rests on several key foundation blocks that include the ability to describe receivables generically, achievement of third-party effectiveness by registration, and predictable priority rules. Much of the law of assignments is of contractual nature, which is suitable to party autonomy. Party autonomy in the field of contractual obligations is a recognised institution under the national substantive law of the legal order of the Slovak Republic. In some respects, the Slovak legal regime would benefit from modernisation, such as in requiring all types of assignments and pledges to be registered, which facilitates the determination of priorities. This article examines the law governing assignments of receivables in civil and commercial matters in the Slovak Republic. It not only analyses the statutory law but also surveys the relevant case law that fills gaps in the legislation. Methods: The author uses traditional scientific methods: logical methods - the method of analysis, the method of synthesis, the method of analogy, the descriptive method, as well as comparative method. First, the descriptive method was used to familiarise the reader with the applicable statutory provisions governing assignments of receivables in civil and commercial matters in the Slovak Republic. Second, the author analyses specific provisions with regard to current developments and practical applications. Third, the author uses a comparative method in highlighting the practical needs that incentivise the modernisation of the current legislation in light of recent developments, especially the upcoming adoption of the UNIDROIT Model Law on Factoring. Results and Conclusions: The Slovak regime for absolute assignments of receivables is governed by the Civil Code, which also applies to assignments in commercial transactions. The Code also recognises a security assignment of receivable. The pledge law reform in 2002 introduced a registration system for pledges of receivables. Special laws continue to govern specific types of receivables. Case law has addressed several aspects of transfers of receivables, particularly in insolvency. However, no statutory provision provides a priority rule among the statutorily-recognised types of transfers. Several other aspects have been clarified in case law. For instance, the Supreme Court of Slovakia defined a description standard for future receivables, which must be identified by the name of the transferor, debtor, and a category, such as a receivable arising from the following contract. The degree of specificity is driven by doctrinal considerations rather than the needs of practice. Several important practical aspects are neither grounded in a statutory foundation nor case law. One example is the lack of recognition of transfers of partial interests in a receivable, a practice that is common in the Slovak market. The law recognises and enforces an anti-assignment clause that would make a transfer ineffective. However, such a clause would be ineffective in the insolvency of the transferor, so the insolvency estate would include the receivable. In this aspect, Slovak law falls short of the international standards that override the effect of anti-assignment clauses. Since the pledge law reform over two decades ago, no statutory changes concerning transfers of receivables have been introduced. The interpretation of the existing framework by the courts exacerbates uncertainty. The lack of certainty and predictability embedded in the statutory framework that falls short of international standards are good reasons to consider reforming the framework.
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Jon, WooJung. "Comparative Analysis on the Anti-Assignment Clause and Perfection of the Assignment of Receivables." Korean Association of Civil Law 107 (June 30, 2024): 139–87. http://dx.doi.org/10.52554/kjcl.2024.107.139.
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At the time of the enactment of the Korean Civil Code, the provision regarding anti-assignment clauses and perfection of the assignment of claims against third parties were referred to the Japanese Civil Code. However, in 2017, Japan significantly revised Article 466 of its Civil Code, which deals with the anti-assignment clause. The provisions of the Japanese Civil Code regarding perfection of the assignment of claims against third parties were referred to the French Civil Code when Japan enacted its Civil Code in 1896. However, France revised its Civil Code to adopt a written form requirement for the contract of assignment of claims (French Civil Code, Article 1322), and removed the requirement of notification to the debtor for perfection of the assignment of claims against third parties, so that perfection of the assignment against third parties is acquired at the time of the conclusion of the assignment agreement (French Civil Code, Article 1323). The German Civil Code, from the beginning, stipulates that perfection of the assignment against third parties is acquired at the time of the conclusion of the assignment contract, and notification to the debtor is not a requirement. Considering these global revision trends, it is desirable to consider revision of the Korean Civil Code regarding anti-assignment clauses and perfection of the assignment of claims against third parties. As a proposed revision to the Korean Commercial Code, the introduction of a provision specifically dealing with receivables can also be considered. According to this proposal, for non-monetary claims, the assignment of claims would be void if the assignee is aware (or grossly negligent) of the anti-assignment clause, and the assignment would be valid if the assignee is unaware under the Korean Civil Code; and in the case of commercial receivables, the assignment of receivables would be valid regardless of whether the assignee is aware or unaware of the anti-assignment clause, thereby protecting the safety of transactions involving receivables under the proposed Commercial Code revision. An analysis of overseas legislation shows that there are few examples of legislation that stipulate notification to the debtor as a requirement for perfection of the assignment of receivables against third parties. With France’s revision of its Civil Code, the Japanese Civil Code is almost the only example of such legislation. It is time for Korea to consider a revision that liberates the assignor from the obligation to notify the debtor in order to perfect the assignment against third parties. To alleviate the burden of notifying the debtor of the assignment of receivables, it is necessary to revise the Act on Security over Movable Assets and Receivables to include the assignment of receivables within its scope of application.
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Widło, Jacek. "The Assignment of Secured Receivables in International Private Law. The Law Applicable to Secured Receivables. General Comments." Teka Komisji Prawniczej PAN Oddział w Lublinie 13, no. 1 (2020): 465–77. http://dx.doi.org/10.32084/tekapr.2020.13.1-35.
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The article presents the rules of determining the law applicable to receivables and their assignment indicating possible links between a claim, its transfer and legal ways of securing a claim. It emphasizes that the law applicable to receivables is determined separately from the law applicable to the assignment of receivables and the legal security of a claim (e.g. a pledge or a surety). In some situations, both laws need to be applied jointly.
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Smolyn, Y. "SOME ASPECTS OF INTERNATIONAL FACTORING CONTRACT LEGAL NATURE." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 2, no. 127 (2016): 132–43. http://dx.doi.org/10.17721/apmv.2016.127.2.132-143.
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This article is devoted to the existence of the international factoring contract as a separate civil contract legal structure. Researchers approaches in determining the legal nature of the factoring relations are analyzed. The nature of the services provided by the factor under the contract international factoring contract is described. The specifics of the assignment of receivables under the international factoring contract are also analyzed in the article. The comparative legal analysis of the last one with the civil assignment. of receivables is made. This article is going about the application of the global assignment under the contract of international factoring. The possibility for existence the factoring under which the intermediary services are provided by factor. The correlation of services provided by the factor with the assignment of receivables under the international factoring operations is explored. The possibility for providing the complex of services by the factor under the contract is highlighted. The approach to the possibility of combining the assignment of receivables with the mediation services provided by factor is proposed. Based on the current research the conclusions about the future existence of the international factoring contract as a separate legal institution is made. The author concluded that the existence of international factoring agreement is possible only by funding the client by the factor on the irrevocable basis.
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Deschamps, Michel. "Conflict-of-laws rules on assignments of receivables in the United States and Canada." Uniform Law Review 24, no. 4 (2019): 649–63. http://dx.doi.org/10.1093/ulr/unz041.
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Abstract This article describes the conflict-of-laws rules of the USA and Canada on the effectiveness against third parties and priority of an assignment of trade receivables. Comparisons are also made with the rules proposed on these issues by the European Commission’s Proposal of 12 March 2018 and the UNCITRAL Model Law on Secured Transactions. The conflict-of-laws rules examined in the article generally designate the location of the assignor as the place whose law applies to the effectiveness against third parties and the priority of an assignment. The article shows however that the definition of the location of the assignor varies from one jurisdiction to another (statutory seat, chief executive office, state of constitution, etc.) Moreover, the US rules and certain Canadian rules define the location of a business corporation using a criterion which is different depending on the corporation’s jurisdiction of incorporation. In addition, the European Commission’s Proposal allows the parties to an assignment made in the course of a securisation transaction to deviate from the assignor’s location rule and select the law governing the receivable as the applicable law. All of these differences result in a lack of harmonization. The article also summarizes the analysis that a financier must conduct to identify the jurisdiction(s) where the financier would normally want that an assignment in its favour be recognized. The relevant jurisdictions are normally the jurisdiction(s) in which insolvency proceedings relating to the assignor may take place and the other jurisdiction(s) where the debtors of the receivables could be located; a dispute might sometimes occur in these other jurisdictions with a competing claimant attempting to claim priority (e.g. a judgement creditor who would seize receivables owed by the debtors located in those jurisdictions). As the insolvency jurisdiction(s) and the other jurisdiction(s) in which the debtors are located may have different conflict-of-laws rules, a prudent financier should examine the applicable rules of all relevant jurisdictions.
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Akseli, Orkun. "Turkish law and UNCITRAL's work on the assignment of receivables with a special reference to the assignment of future receivables." Law and Financial Markets Review 1, no. 1 (2007): 45–54. http://dx.doi.org/10.1080/17521440.2007.11427861.
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Bazinas, Spyridon V. "The law applicable to third-party effects of assignments of claims: the UN Convention and the EU Commission Proposal compared." Uniform Law Review 24, no. 4 (2019): 609–32. http://dx.doi.org/10.1093/ulr/unz032.
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Abstract In October 2019, the U.S. ratified the United Nations Convention on the Assignment of Receivables in International Trade (the “Convention”) by the US, thus creating a new impetus for the broad adoption and entry into force of the Convention and with that for the facilitation of international receivables finance. In March 2018, the E.U. Commission issued a Proposal for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims (the “Commission Proposal” or “Proposal”). The Commission Proposal includes a first draft of the proposed Regulation (the “draft Regulation”). An alignment of the main rule of the draft Regulation with the equivalent rule in the Convention could result in an internationally uniform conflict-of-laws rule on this matter, which would remove the legal divergences existing among legal systems and reduce the uncertainty as to the law applicable to the third-party effects of assignments of claims. The purpose of this article is to compare the relevant rules of the Convention and the draft Regulation, determine whether this coordinated approach is achieved and, if not, make suggestions as to how it can be achieved to the benefit of all parties involved in international receivables finance.
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Bocheńska, Justyna. "Taxation of Assignment of Receivables with Corporate Income Tax." Studenckie Zeszyty Naukowe 19, no. 31 (2017): 15. http://dx.doi.org/10.17951/szn.2016.19.31.15.
Full textDissertations / Theses on the topic "Assignment of receivables"
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Kožíšková, Lenka. "Faktoring a jeho účetní zachycení." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-16659.
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Factoring is a financial tool, which allows companies to gain money before the maturity of the invoices issued by them. Factoring can be provided as a regression or non-recourse. The accounting of factoring is based on the form of factoring. Recognition should be fundamentally based on economic substance of transactions rather than the legal status declared for example by contracts. Non-recourse factoring is based on assignment of receivables and regressive factoring is rather receivables management. The issue of accounting for factoring is not yet finally resolved officially.
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Jon, Woo-Jung. "Establishing an international registration system for the assignment and security interest of receivables." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:10758231-3aa0-4aaa-9394-8950930da22c.
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Legal systems around the world vary widely in how they deal with the assignment of receivables. This legal variety makes it difficult for financiers to conduct their international receivables financing business. This thesis suggests an International Registration System for the Assignment and Security Interest of Receivables (‘IRSAR’) and proposes a model international convention for the IRSAR (‘proposed IRSAR Convention’), which could help financiers to overcome the obstacles they currently encounter. Under the proposed IRSAR Convention, the international assignment of receivables would be regulated by a unified legal system with respect to priority and perfection. The IRSAR would facilitate international project financing. Furthermore, the IRSAR would enable companies to raise finance from greater ranges of investors around the world through international receivables financing and to dispose of non-performing loans more easily. The proposed IRSAR Convention would succeed the UN Convention on the Assignment of Receivables in International Trade in the attempt of establishing a registration system for international assignments of receivables. The proposed IRSAR Convention confines its scope of application by defining the assignor (or the security provider), inventing the concept of ‘Vehicle for the International Registration System’ (‘VIRS’). The proposed IRSAR Convention applies where the assignor or security provider is a VIRS. An assignment of a receivable where the assignor is a VIRS and a security interest in a receivable where the security provider is a VIRS could be registered in the IRSAR. Under the proposed IRSAR Convention, priority of assignments of and security interests in receivables is determined by the order of registration in the IRSAR. The proposed IRSAR Convention would be a receivables version of the Cape Town Convention. With respect to the contents and effect of registration, it would prescribe a notice-filing system along the lines of that adopted in the UCC Article 9. With respect to the operation of the registration, it would adopt an automatic online registration system operating 24 hours a day, 365 days a year like the International Registry under the Cape Town Convention.
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Ondrová, Petra. "Optimalizace daňové povinnosti u vybraného subjektu." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2020. http://www.nusl.cz/ntk/nusl-417358.
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This diploma thesis is focused on overdue receivables of the selected entity, especially from the tax perspective. The theoretical part deals with the key concepts used in this thesis. The analytical part describes the current method of dealing with overdue receivables of the selected entity from the tax point of view. The practical part contains recommendations for tax optimization of the entity’s receivables.
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Chunchaemsai, Kittiwat. "Conflict of laws for the assignment of receivables : from a property-contract approach to a rights-based approach." Thesis, Durham University, 2015. http://etheses.dur.ac.uk/11324/.
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The conflict of laws relating to the assignment of receivables raises characterisation difficulties. Based on the property-contract approach currently employed in legal systems, the characterisation of legal issues as contractual and proprietary results in complications. No general solution can be reached regarding the proprietary aspects of assignment, especially third parties’ effectiveness and priority issues. This thesis establishes that the core cause of the difficulty resides in the property-contract approach itself. It therefore attempts to provide a new approach to the conflict of laws for assignment, namely, a rights-based approach. It argues against the property-contract approach on the ground that assignment is not a hybrid of contract and property. Rather, it proves that the true legal nature of assignment is not the transfer of items of property, but a contractual method for transferring contractual rights to payment in receivables. The assignment of receivables not only creates triangular relationships between assignor, assignee and debtor, but also has external effects on third parties. In the rights-based approach, there is no need to differentiate between the contractual and proprietary aspects of assignment. The conflict of laws for assignment is established based on the relationships of rights between relevant persons, i.e. the relationship of rights between assignor and assignee, that between assignee and debtor, and the relationship of rights as it affects third parties including priority issues. These are proposed as being governed by the law of assignment and of assigned receivables. The rights-based approach eliminates the need to refer to property law and resolves characterisation difficulties. Consequentially, it grants an opportunity to modernise and harmonise the law of assignment based on contract law. In this way, positive outcomes vis-à-vis the financial practice concerning the assignment of receivables are the end result of this approach.
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Diallo, Thierno Abdoulaye. "Les propriétés-sûretés en droit de l’OHADA : comparaison avec le droit français." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD060.
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La propriété-sûreté a été introduite en droit de l’OHADA à l’occasion de la réforme de l’Acte uniforme portant organisation des sûretés en date du 15 décembre 2010. La présente thèse a pour ambition de montrer les points de convergence et de divergence de la propriété-sûreté du droit de l’OHADA par rapport au droit français. Elle démontre également l’inexactitude de la reconnaissance au titulaire de la propriété-sûreté d’un droit réel sur le bien objet de la sûreté, eu égard au fait que la propriété-sûreté ne saurait juridiquement être assimilée à la propriété ordinaire. Elle montre au contraire que la propriété-sûreté est réductible aux sûretés réelles traditionnelles. Elle invite, ce faisant, les législateurs du droit de l’OHADA et du droit français à aligner le régime de la propriété-sûreté sur celui des sûretés réelles traditionnelles<br>Property-security (title for security purposes) was enshrined in the OHADA law during the reform of the Uniform Act on the organization of security rights on December 15, 2010. This thesis then aims at pointing out the similarities and the differences between the OHADA’s property-security law and the French law. It also challenges the accuracy of recognizing to the owner of the title for security purposes a right in rem in connection with the property concerned, as property-security cannot, as to the law, be assimilated to an ordinary property. By contrast, this study shows that property-security has to be seen as other traditional real guarantees. Therefore, both the OHADA and the French legislators are called to shape the legal regime of the property-security in accordance with that of the traditional real guarantees
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Akseli, Nazmi Orkun. "Harmonised law and facilitation of credit with special reference to the unidroit convention on international factoring and the UNCITRAL convention on the assignment of receivables in international trade." Thesis, University of Manchester, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488421.
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The thesis aims to explore the differences between the two Conventions namely the Unidroit Convention on International Factoring and the UNCITRAL Convention on the Assignment of Receivables in International Trade and the effects of American and English laws on these Conventions. In this connection, apart from introduction and conclusion chapters, the thesis contains chapters examining harmonisation of secured transactions laws, applicability policies of these two Conventions, formal validity of assignments under these Conventions, party autonomy provisions, absence of positive liability, debtor protection issues, assignments of bulk and future receivables, anti-assigriment provisions and priority issues. The thesis includes four appendices. These are the texts of the UNCITRAL and Unidroit Conventions, a chart describing the variants on applicability of the UNCITRAL Convention with regard to priority and the current status of these Conventions. The thesis also includes bibliography, table of cases comprised of cases from different jurisdictions and table of contents.
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Kasl, František. "Postoupení pohledávky při podnikání v českém a německém právním řádu." Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-192905.
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The aim of this thesis is to provide detailed analysis of selected legal aspects with practical importance of the assignment of business receivables. Particular topics are focused on problematic legal features of cession, that have so far not been sufficiently elaborated in expert literature, mainly with regards to the impacts of the recent transformation of the Czech civil law. The issues are approached as comparison between the previous law and the current law, which is in force since 1st January 2014, alongside taking account of solutions for chosen issues under German law.
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Van, Steenlandt Philippe. "La généralisation de la cession fiduciaire de créance." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020035.
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Avant d’accorder un crédit, tout créancier entend naturellement s’assurer que la restitution des sommes prêtées sera effective quelle que soit la situation de l’emprunteur le jour de l’exigibilité du remboursement. C’est particulièrement l’hypothèse de l’ouverture d’une procédure collective à l’encontre du débiteur emprunteur qui concentre les craintes des créanciers. La socialisation croissante du droit des entreprises en difficulté a en effet sensiblement réduit l’efficacité des sûretés réelles traditionnelles en cas de faillite du débiteur. C’est dans ce contexte que les créanciers ont cherché ailleurs une sûreté réelle susceptible de satisfaire à leur exigence de sécurité. Le trust d’une part, la fiducie d’autre part, pouvaient apparaître comme des oasis de tranquillité en période de troubles financiers affectant le débiteur. Universitaires et praticiens ont alors redécouvert les vertus du transfert de propriété réalisé à des fins de garantie, et plus précisément la cession fiduciaire de créance<br>Before granting a loan, any creditor naturally intends to ensure that the return of the money lent will be effective regardless of the situation of the borrower on the day of the repayment of the refund. This is particularly the case of the opening of insolvency proceedings against the debtor which concentrates the creditors fears. The increasing socialization of the insolvency law has indeed significantly reduced the effectiveness of traditional collateral in case of bankruptcy of the debtor. It is in this context that the creditors have also sought a security that would satisfy their security requirements. The trust one hand, the other hand trust, could appear as oasis of tranquility in times of financial turmoil affecting the debtor. Academics and practitioners then rediscovered the virtues of transfer of title made for guarantee purposes, specifically fiduciary assignment of receivables
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Jacob, Timothée. "Cession de créance et opposabilité." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA035/document.
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Technique de connection d'un élément juridique à son environnement, l'opposabilité présente un caractère crucial pour les opérations translatives de créances en ce que l'efficacité de l'opération va en dépendre dans un contexte d'enchevêtrement des relations juridiques. L'accomplissement d'une formalité d'opposabilité, distincte du transfert de propriété inter partes et de la possession, va permettre à l'opération de s'intégrer dans le système juridique en paralysant certains événements telles les cessions concurrentes et la procédure collective du cédant. L'allègement constaté du formalisme d'opposabilité appelle une protection adéquate des droits des tiers. La cession ne sera pas hermétique à son milieu, puisque l'opposabilité de certains éléments juridiques va avoir un impact sur l'opération conclue par les parties. Consolidée par la technique d'opposabilité, la cession sera vulnérable au rayonnement de l'objet du transfert ainsi qu'à certains droits réels et personnels externes<br>As a technique connecting a legal element to its environment, "opposabilité" is a crucial caracter to assignment of receivables, as it will determine the efficiency of the operation in a context of entanglement of legal relations. The accomplishment of an "opposabilité" formality, distinct from the transfer of the property right between the parties and from possession, will enable the transfert to integrate the legal system by paralysing certains events, as for example competing assignments or the bankruptcy of the assignor. The identified lightening of the "opposabilité" formalism requires an adequate protection of the rights of third parties. The assignment will not be hermetic to its environment, as the radiation of certain legal elements will have an impact ont the contract concluded by the parties. Consolidated by the "opposabilité" technique, the assignment will remain vulnerable to the influence of the object of the transfert and to external real and personal rights
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Bui, Duc Giang. "Sûretés conventionnelles sur créances en droit français, anglais et vietnamien." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020014/document.
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Les créances monétaires constituent une excellente source de crédit et les sûretés sur créances existent en droit français, droit anglais et droit vietnamien. Cependant, si elles sont reconnues de longue date en droit anglais, l’évolution de leur régime juridique est récente en droits français et vietnamien. Par ailleurs, si ces trois droits connaissent tous les sûretés traditionnelles sans transfert de propriété (nantissement de créances, charges sur les créances et hypothèque de créances), l’admission en droit français des seules fiducie sur créances et cession de créances professionnelles à titre de garantie par bordereau Dailly ainsi que le rejet par les juges vietnamiens des cessions innommées à titre de garantie démontrent que l’exploitation de la fonction de garantie de la propriété d’une créance n’est pas encore généralisée en France et au Vietnam à la différence de ce que l’on peut observer en droit anglais à travers la "mortgage"par voie d’"assignment" ou de novation. Enfin, l’hypothèque de créance de droit vietnamien et la "fixed charge" sur les "bookdebts" de droit anglais démontrent qu’une sûreté non basée sur le transfert de propriété peut être tout à fait efficace que ce soit dans un contexte de solvabilité ou de procédure collective du titulaire de la créance.Ces approches révèlent tout l’intérêt d’une entreprise doctorale mise en perspective des nombreux investissements économiques et montages financiers impliquant, de façon croissante, des acteurs économiques et partenaires bancaires internationaux dont les intérêts, les enjeux et les stratégies relèvent par construction, ou nécessité,des ordres juridiques précités<br>Receivables constitute an excellent source of credit and security over receivables is available under French, English and Vietnamese law. However, if they have been recognised in English law for a long period of time, their development is quite recent in French and Vietnamese law. Moreover, although these three legal systems recognise all traditional security interests which are not based on the transfer of ownership over secur ed receivables (nantissement de créances in French law, floating and fixed charge over book debts in English law and hypothecation over debt claims in Vietnamese law), the fact that French law only recognises fiducia over receivables and assignment of trade receivables by way of security and Vietnamese judges have rejected the transfer ofownership by means of security, demonstrates that the use of functionality of ownership over receivables has not become widespread in France and in Vietnam. In contrast, in England, mortgages over receivables allow for the transfer of ownership as security, whether by way of an assignment or a novation. Finally, the hypothecation over debt claims of Vietnamese law and the fixed charge over book debts of English law show that security that does not entail the transfer of ownership can be perfectly efficient inside and outside insolvency proceedings.These approaches reveal the interests of a doctoral enterprise put in perspective from numerous economic investments and financing structures involving, in a rising fashion, economic stakeholders and international bank partners whose interests,stakes and strategies fall under (by construction, or necessity) the aforementioned jurisdictions
Books on the topic "Assignment of receivables"
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Grau, Nadine. Rechtsgeschäftliche Forderungsabtretungen im internationalen Rechtsverkehr: Die United Nations Convention on the Assignment of Receivables in International Trade im Vergleich mit den Zessionsordnungen Deutschlands, Frankreichs, Englands und der USA. Nomos, 2005.
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Bode, Stephan. Die Wirksamkeit einer Forderungsübertragung gegenüber Dritten vor dem Hintergrund der internationalen Forderungsfinanzierung. Lang, 2007.
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Britain, Great. Business Contract Terms (Assignment of Receivables) Regulations 2018. Stationery Office, The, 2018.
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Britain, Great. Business Contract Terms (Assignment of Receivables) Regulations 2018. Stationery Office, The, 2018.
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Britain, Great. Business Contract Terms (Assignment of Receivables) Regulations 2017. Stationery Office, The, 2017.
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Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part II A View Through Illustrative Contracts and Harmonizing Instruments, 13 Receivables Financing: The UNIDROIT Convention on International Factoring and the United Nations Convention on the Assignment of Receivables in International Trade. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0014.
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This chapter is devoted to international receivables financing and to two instruments in particular: the 1988 UNIDROIT Convention on international factoring and the 2001 UN Convention on the assignment of receivables in international trade. Factoring is particular form of receivables financing and the UNIDROIT Convention is confined to factoring involving notification to the debtor. The chapter explains the concept of factoring, the genesis of the Convention, and its sphere of application, connecting factor and principal provisions. The UN Convention is much broader, covering both the international assignment of receivables and the assignment of international receivables, and it combines substantive provisions with conflict of laws rules. The chapter describes the sphere of application of the UN Convention and its key provisions. Both conventions contain provisions overriding contractual restrictions on assignment. The chapter also examines the duties of the debtor and the conflict rules applicable to the priority of competing assignments.
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Library, The Law. U.N. Convention on the Assignment of Receivables in International Trade. Independently Published, 2019.
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Nations, United. United Nations Convention on the Assignment of Receivables in International Trade. United Nations, 2004.
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Gullifer, Louise, Michael Bridge, and Eva Lomnicka. The Law of Security and Title Based Financing 4e. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198888895.001.0001.
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Abstract Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The ‘Edinburgh Reforms’, which have followed the United Kingdom’s exit from the European Union, promise a thorough overhaul of the consumer credit regime. This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered. Covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, the book is an indispensable reference work both for practitioners and academics.
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Fox, David, Roderick Munday, Baris Soyer, Andrew Tettenborn, and Peter Turner. Sealy and Hooley's Commercial Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198842149.001.0001.
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All books in this flagship series extract key cases, legislation, and academic debate, providing students with an invaluable resource. This new edition includes discussion of new legislation, including the new Insolvency Act 1986, ss 263H–263O; the Payment Services Regulations 2017; the Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018; and the Business Terms (Assignment of Receivables) Regulations 2018. In addition it discusses new case law such as Glencore International AG v MSC (on personal property law and shipping documents); Volcafe Ltd v Cia Sud Americana de Vapores (on bailment); Kaefer Aislamientos v AMS Drilling Mexico, Bailey v Angove’s Pty, and Banca Nazionale del Lavoro v Playboy Club (on agency); PST Energy 7 Shipping v OW Bunker Malta, Bajaj Healthcare v Fine Organics, Gunvor v Sky Oil & Gas, and Euro-Asian Oil SA v Crédit Suisse AG (on sale of goods); The Erin Schulte and Taurus Petroleum v State Oil Company (on trade finance); BP Oil International v First Abu Dhabi Bank (on assignment); Haywood v Zurich Insurance, The DC Merwestone, and Axa Insurance UK v Financial Claims Solutions (on insurance); and Jetivia SA v Bilta (UK) Ltd and JSC BTA Bank v Ablyazov (on insolvency). Other developments are also covered, such as the proposed reform of bills of sale recommended in the 2017 Law Commission report on Bills of Sale. The book contains a new introductory section on the likely detailed impact of Brexit on English commercial law.
Book chapters on the topic "Assignment of receivables"
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Ferrari, Franco. "The Uncitral Draft Convention on Assignment in Receivables Financing: Critical Remarks on Some Specific Issues." In Private Law in the International Arena. T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-575-9_11.
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Bazinas*, Spiros V. "Uncitral." In Security over receivables. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780199550456.003.0040.
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Abstract In many jurisdictions, an assignment of future receivables, receivables not identifi ed specifi cally in the assignment agreement and receivables assigned despite an anti-assignment agreement between the original creditor/assignor and the debtor is ineffective. In addition, the situation of the debtor is subject to rules that present gaps and inconsistencies or are non-transparent. Moreover, throughout the world, the law applicable to third party effects of assignments is diffi cult to determine at the time of the conclusion of the assignment agreement. Furthermore, an assignment that is effective at the time the relevant agreement is concluded may later be found to be ineffective as against the debtor and other third parties because the requirements of those other laws were not met. Finally, the law chosen by the parties may be set aside if it is contrary to the public policy of the forum state, which may well be the case if the original creditor/assignor is located in a state other than the state whose law is applicable, in particular if the original creditor/assignor becomes insolvent.
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Fiuza, Alejandro D., and Pablo J. Gayol. "Argentina." In Security over receivables. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780199550456.003.0001.
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Abstract Argentina has a continental law system. There is no definition of receivables in the Argentine Civil Code (Civil Code). However, under the Civil Code system, a receivable could be defi ned as a right to receive an amount of money. While these receivables could be documented in negotiable instruments, they are generally not. In this chapter we will limit our analysis to those receivables which are not documented in negotiable instruments. There is no specific regulation in the Civil Code or in the Argentine Commercial Code (Commercial Code) for the assignment of credits as security. Generally, there are two manners of creating a security on credits: (i) pledge of the credit; or (ii) the assignment of the credit to a trust.
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"Assignment in receivables financing." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook 1998. UN, 1998. http://dx.doi.org/10.18356/934264a3-en.
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"Assignment in receivables financing." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook. UN, 1997. http://dx.doi.org/10.18356/243372f7-en.
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"Assignment in receivables financing." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook 2000. UN, 2002. http://dx.doi.org/10.18356/0aaa319b-en.
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"Assignment in receivables financing." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook 2001. UN, 2006. http://dx.doi.org/10.18356/c33ed43c-en.
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"Assignment in receivables financing." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook. UN, 1999. http://dx.doi.org/10.18356/c4e4a849-en.
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Çankaya, Gözde, Ali Can Kolay, and Tunç Sözen. "The Republic of Türkiye." In Security over receivables. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780199550456.003.0036.
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Abstract The term receivables is not specifi cally defi ned under Turkish law. In its most basic form, a receivable is money or property that a person has earned through trade or other means, yet has not collected. Such a receivable is a right that can enable a person to enforce someone to give, do, or prevent from doing something now or in the future. Taking a security is mainly about increasing the likelihood of getting repaid. There are many ways to do this but most rely on giving a secured creditor a direct recourse to a borrower’s assets (such as receivables) in case of default. Advantages of taking a security include avoiding the need for litigation, ensuring priority over other creditors, and accelerating the recovery of the debt. In terms of priority, taking a prior ranking security not only facilitates the application of assets against unpaid debts, it also prevents other creditors from getting ahead in the enforcement of such security. The secured creditor creates priority for itself over unsecured creditors and over lower ranking secured creditors. The creditors, under a security over receivables, are ranked according to the date of creation of the security. Under Turkish law there are two ways of taking security over receivables, namely a pledge over receivables and assignment of receivables. Although in practice these are similar in the way that they are applied and show other similarities, we explain them in detail separately.
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"The Law of Assignment of Receivables: in Flux, Still Uncertain, Still Non-Uniform." In Cross-Border Security over Receivables. Sellier de Gruyter, 2009. http://dx.doi.org/10.1515/9783866538597.1.
Full textConference papers on the topic "Assignment of receivables"
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"AN OPTIMIZATION METHOD FOR REDEMPTION AND DUE DATE MATCHING IN ASSIGNMENT OF ELECTRONIC RECEIVABLES BY USING INTEGER LINEAR PROGRAMMING." In International Conference on E-business. SciTePress - Science and and Technology Publications, 2008. http://dx.doi.org/10.5220/0001905603490356.
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