{"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":"75 14","pages":""},"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\":\"75 14\",\"pages\":\"\"},\"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}
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
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.