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保理业务在我国的法律规范环境尚不十分成熟,整体法律环境还有待于发展和完善。一旦保理业务发生纠纷,尤其是国内保理业务,法官主要会参考合同法中有关债权转让的相关规定,并依据我行与客户之间的国内保理合同对双方权利义务关系的界定来作出判决。而由于不同法官对保理业务的实践操作、法律性质、各方的法律关系存在着理解不同,其所得出的结论也存在着较大差别,这就造成了保理司法判例在实践中存在着一定不可预估性。
Factoring business in China’s legal norms environment is not yet very mature, the overall legal environment needs to be developed and improved. Once the factoring business disputes, especially the domestic factoring business, the judge will refer to the relevant provisions of the contract law on the transfer of claims, and in accordance with the definition of the rights and obligations between the two sides under the domestic factoring contract between our bank and the customer judgment. However, due to the fact that different judges have different understandings on the practice and law of factoring business and the legal relationship of all parties, the conclusions drawn by the judges are quite different. This has led to the existence of the judicial precedent of factoring in practice Certainly unpredictable.