CONFLICT LAW REGULATION OF THE INTERNATIONAL FACTORING OPERATIONS
DOI:
https://doi.org/10.17721/apmv.2014.118.1.Abstract
Abstract. This article is dedicated to the issues of conflict law regulation of the international
factoring agreement. The article analyzes choice of law by the parties, as well as conflict law
regulation of the factoring relations in line with the principle of close link. The article researches
the issues of international legal regulation by the provisions of the UNIDROIT Convention «On
international factoring» of the competent jurisdiction choice by the international factoring
agreement parties. The article substantiates imperfection of conflict law regulation of the international
factoring relations through splitting of the statute, as well as extension of competent
jurisdiction on factoring agreement according to the agreement which is the source of monetary
claim right. Based on analyses of the legal nature of the factoring relations authors are proving
the need to introduce a separate formalized connecting factor for the factoring agreement in
line with the close link principle.
Key words: conflict law regulation, international factoring agreement, lex voluntatis, principle
of close link.
