Keywords
UNIDROIT
How to Cite
Abstract
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.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.