دراسات: علوم الشريعة والقانون (Mar 2021)
The Legal Basis for Factoring Contract in Palestine: A Comparative Study
Abstract
This study addresses the factoring contact, which is regulated in different legal systems, and it examines the legal basis of the factoring contact in Palestine since it is considered as an urgent necessity that lies in consolidating the legal principles and the legal concept of this contract, and differentiating between the contract for the purchase of commercial rights and similar contracts, in light of the novelty of this contract and the absence of its legalization in Palestine. The importance of the study is in determining the legal basis for this contact in Palestine by comparing it with other similar legal contracts. The study analyzed the legal basis of the contract for the purchase of commercial rights by addressing similar contracts, namely the loan contract, the commercial paper discount contract, the assignment of fulfillment and the agency contract. This study concluded that the factoring contract is different from other similar contracts and the legal adaptation of the factoring contract is various in different legal systems, and therefore, the study recommends that the Palestinian legislator needs to regulate this contract in Palestine.
