Govah Legal Education

Investigating the legal nature and effects of factoring in the law of USA and the UK

Document Type : Specialized Article

Authors

1 Member of faculty of Imam Sadiq University

2 Master of Private Law

Abstract

The expansion of international trade and the emergence of credit purchases have turned supplying financial resources into one of the major concerns in this area. Factoring is a good way to provide financial resources of companies manufacturing and distributing goods. The root of modern factoring dates back to the UK and then USA. This paper also examines the nature and form and kinds of factoring effects in both countries. British judicial of the UK considers factoring in both kinds with recourse and without recourse a sale of request; while the majority of judges of US consider factoring with recourse a debt with a collateral. Factoring as a private contract is subject to the principle of free will and he only domestic substantive rules of countries is agreed on the will of the parties. ANCITERAL and UNIDROIT despite their importance only establish form rules. The factoring effect between the agent and the seller is established a legal relationship is for parties with legal obligations that the basis of it is comprise of parties. The factoring also affects the debtor

Keywords

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Govah Legal Education
Volume 2, Issue 2 - Serial Number 3
October 2016
Pages 103-150