《民法典》视域下保理合同的法律适用

Legal Application of Factoring Contract in the View of “The Civil Code”

《民法典》合同编以专章对保理合同的内容、保理欺诈、追索权、履行等做了规定,这是我国民事合同制度的重大创新。然而,保理合同的具体法律适用仍存在诸多问题,如客体范围狭窄、保理人虚构债权、各主体抵销权规定不明等,导致相关规则在适用时出现梗阻。需对保理合同的要素、各主体间的法律关系及法律适用进行分析,厘清司法实务中的争议焦点,以实现对保理合同各方主体利益的平等保护。

The contract part of “The Civil Code” stipulates the content of factoring contract, factoring fraud, right of recourse and performance in a special chapter, which is a major innovation of China’s civil contract system. However, there are still many problems in the specific legal application of factoring contract, such as the narrow scope of the object, the fictitious creditor’s right of the factoring person, and the unclear provisions on the right of set off of each subject, which lead to the obstruction in the application of relevant rules. It is necessary to analyze the elements of the factoring contract, the legal relationship between the parties and the application of the law, and clarify the focus of disputes in judicial practice to achieve equal protection of the interests of the parties to the factoring contract.