EL FACTORING INTERNACIONAL EN LA CONVENCIÓN DE UNIDROIT
Among the new contracts in the commercial practice, without any doubts, factoring has had a special welcome and development as a business tool for autofinancing, proof of this is its circulation worldwide and the natural attention among practicioners of the most modern comercial doctrine, which moti...
| Autor Principal: | Leyva Saavedra, José; Universidad Nacional Federico Villarreal. Presidente de UNILAW Institute |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Pontificia Universidad Javeriana
2003
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| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/vnijuri/article/view/14857 |
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| Sumario: |
Among the new contracts in the commercial practice, without any doubts, factoring has had a special welcome and development as a business tool for autofinancing, proof of this is its circulation worldwide and the natural attention among practicioners of the most modern comercial doctrine, which motivated, at first the drafting of national legislation [Dailly Act (1981) and Italian Law «Disciplina della cessione dei crediti d’impresa» (1991)] and, then, the Ottawa Convention on International Factoring (1988), under the auspices of the Institute for the Unification of Private Law (Unidroit), one of the most distinguished international organization that promotes international comerce through the unification of material law. In this paper, we study the international factoring contract within the framework designed by the Ottawa Convention. This task we initiate reviewing, at the outset, the definition proposed by the uniform legislator then the spatial and material application of the Convention, continuing with the rights and obligations of the parties, interpretation and the succesive cessions considered in the Convention. To conclude, we offer few words about the future of the Convention on International Factoring, for it has not yet delivered the expected success. |
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