文章:跨司法管辖区保理合同评估:英国与希腊转让法比较

Q2 Social Sciences
{"title":"文章:跨司法管辖区保理合同评估:英国与希腊转让法比较","authors":"","doi":"10.54648/eulr2024016","DOIUrl":null,"url":null,"abstract":"The aim of this paper is to provide a comparative analysis on key issues in the assignment of debts for factoring contracts, which have become increasingly popular in recent years. The goal is to address key systemic problems, by comparing the UK rules to the Greek legal system.\nSpecifically, the focus is on three key issues. First, the nature of the agreement, including the differences of assignments in law and in equity, the issues of assigning future debts and of non-assignment clauses. Second, giving notice to the debtor for the factoring company to vest with its client’s rights and the problem of what rights the factor obtains when there is a reservation of title, meaning that the assignee’s supplier has reserved their title on the goods, which are then further sold to the assignee’s clients. Third, the assignment of related rights, which is not automatic in the UK system.\nCommercial law, business law, corporate finance, comparative law, factoring agreements, assignment of debts, notice of assignments, transfer of related rights, double reservation of title","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Article: Cross-Jurisdictional Factoring Contract Assessment: A British- Greek Assignment Law Comparison\",\"authors\":\"\",\"doi\":\"10.54648/eulr2024016\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The aim of this paper is to provide a comparative analysis on key issues in the assignment of debts for factoring contracts, which have become increasingly popular in recent years. The goal is to address key systemic problems, by comparing the UK rules to the Greek legal system.\\nSpecifically, the focus is on three key issues. First, the nature of the agreement, including the differences of assignments in law and in equity, the issues of assigning future debts and of non-assignment clauses. Second, giving notice to the debtor for the factoring company to vest with its client’s rights and the problem of what rights the factor obtains when there is a reservation of title, meaning that the assignee’s supplier has reserved their title on the goods, which are then further sold to the assignee’s clients. Third, the assignment of related rights, which is not automatic in the UK system.\\nCommercial law, business law, corporate finance, comparative law, factoring agreements, assignment of debts, notice of assignments, transfer of related rights, double reservation of title\",\"PeriodicalId\":53431,\"journal\":{\"name\":\"European Business Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Business Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54648/eulr2024016\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Business Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/eulr2024016","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0

摘要

本文旨在对近年来日益流行的保理合同债务转让中的关键问题进行比较分析。具体来说,重点是三个关键问题。首先是协议的性质,包括法律转让和衡平法转让的区别、未来债务的转让问题以及非转让条款。第二,向债务人发出通知,使保理公司获得其客户的权利,以及在保留所有权的情况下,保理商获得何种权利的问题,这意味着受让人的供应商保留了对货物的所有权,然后再将货物出售给受让人的客户。第三,相关权利的转让,这在英国的制度中并不是自动的。商法、商业法、公司金融、比较法、保理协议、债务转让、转让通知、相关权利的转让、双重所有权保留
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Article: Cross-Jurisdictional Factoring Contract Assessment: A British- Greek Assignment Law Comparison
The aim of this paper is to provide a comparative analysis on key issues in the assignment of debts for factoring contracts, which have become increasingly popular in recent years. The goal is to address key systemic problems, by comparing the UK rules to the Greek legal system. Specifically, the focus is on three key issues. First, the nature of the agreement, including the differences of assignments in law and in equity, the issues of assigning future debts and of non-assignment clauses. Second, giving notice to the debtor for the factoring company to vest with its client’s rights and the problem of what rights the factor obtains when there is a reservation of title, meaning that the assignee’s supplier has reserved their title on the goods, which are then further sold to the assignee’s clients. Third, the assignment of related rights, which is not automatic in the UK system. Commercial law, business law, corporate finance, comparative law, factoring agreements, assignment of debts, notice of assignments, transfer of related rights, double reservation of title
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
European Business Law Review
European Business Law Review Social Sciences-Law
CiteScore
1.10
自引率
0.00%
发文量
34
期刊介绍: The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信