Abstract

Abstract This chapter is devoted to international receivables financing and to two instruments in particular: the 1988 UNIDROIT Convention on international factoring and the 2001 UN Convention on the assignment of receivables in international trade. Factoring is particular form of receivables financing and the UNIDROIT Convention is confined to factoring involving notification to the debtor. The chapter explains the concept of factoring, the genesis of the Convention, and its sphere of application, connecting factor and principal provisions. The UN Convention is much broader, covering both the international assignment of receivables and the assignment of international receivables, and it combines substantive provisions with conflict of laws rules. The chapter describes the sphere of application of the UN Convention and its key provisions. Both conventions contain provisions overriding contractual restrictions on assignment. The chapter also examines the duties of the debtor and the conflict rules applicable to the priority of competing assignments.

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