Kolomiets K. Factoring agreement as a basis for changing the creditor in the obligation

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100484

Applicant for

Specialization

  • 081 - Право. Право

19-03-2021

Specialized Academic Board

ДФ 26.007.038

National Academy of Internal Affairs

Essay

The general theoretical and methodological bases of research of the factoring agreement as the bases of change of the creditor in the obligation are defined. In the appropriate context, the state of scientific development of the factoring agreement as a basis for changing the creditor in the obligation is determined, the methodology of the study is given, the stages of evolution of legal regulation of the factoring agreement as the basis for changing the creditor in the obligation are identified. It is determined to consider the stages of genesis, formation and development of legal regulation of the factoring agreement as follows: 1) the emergence of the relevant legal institution (twentieth century BC - XVI AD), but with a clear economic component, which later acquired the features of a trade agreement (trade factoring); 2) the spread of factoring relations in the field of trade, including the provision of credit by established credit unions (XVI century - XIX century) (trade and credit factoring); 3) the formation of factoring as a financial instrument, which led to the growth of the economy as a whole, increased production, lack of working capital, and the need to attract additional borrowed funds (late XIX - 80s of XX century.) (Financial factoring): 4) output factoring agreements at the global level (end of the XX century to the present), the features of which were the creation of a significant number of national and international factoring associations, the emergence of large transnational factoring companies, the broad unification of international rm and standards of factoring operations (investment and business factoring).

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