Faktoring jako umowa nazwana w chińskim Kodeksie cywilnym

Abstrakt

This paper presents the factoring contract regulations incorporated in the Chinese Civil Code enacted in 2020 and debates whether the Polish legal system could benefit from enacting regulations similar to the Chinese one. Regulations regarding factoring contracts in the Chinese Civil Code have not been sufficiently researched in Polish literature to date. Considering the state of the research on the Chinese legal system, to present described matter comprehensively and understandably, the author briefly describes the history of civil law codification in China and provides the reader with succinct information regarding the latest legislative process. The introduction of normative text incorporated in the Chinese Civil Code is preceded by a thorough analysis of the Polish legal system; the most common issue regarding the conclusion and execution of factoring contracts. The analysis mentioned above considers issues arising in Polish judicature and doctrinal commentary on the analyzed problem.

Conclusions drawn from the analysis of the Chinese factoring regulation and the outcome of the Polish legal system; diagnosis are then used to answer the question of whether Polish legislators should consider enacting appropriate regulations and to what extent provisions incorporated in the ChineseCivil Code could be used as a basic normative model.