| Abstract [eng] |
In master thesis the legal regulation of the factoring agreement implemented in Lithuanian Civil Code is scrutinized, the issues of these relations’ legal regulation is determined, as well proposals on its solutions are provided while emphasizing the liberalization of the financing by the factoring agreement based on the assignment of receivables and safeguarding the balance of interests of persons participating in these relations. In accordance with the analysis of the foreign states practices of the factoring relations development and legal doctrine, the first section of the thesis provides the origins of the factoring relations, the economical concept of the factoring agreement and distinguishes the types of the factoring agreements. In the second section of the thesis the legal nature of the factoring agreement under Lithuanian Civil Code is scrutinized while indicating the relationship between the factoring agreement and cession institution occurring on its basis, also the differences of the factoring legal forms are explored. The deep analysis of the factoring agreement’s subject-matter, as an essential condition of this agreement, is provided in the third part of the thesis, as well both legal and practical requirements for the subjects of the factoring legal relations are analyzed. In the fourth part of the thesis the analysis of the trilateral factoring legal relations content is developed through the particularities of the risks on the invalidity and inappropriate performance of the receivable between the parties of the agreement, importance of informing the debtor on the receivable assignment, the relationship between the factoring agreement and primary agreement executed by and between the debtor and the client. The last section of the thesis is designed for the discussion of the results of the study on the factoring relations realization in practice and its linking to the analysis of the factoring relations’ legal regulation carried out in other sections of the thesis. |
