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universul juridic magazin
Revista Română de Drept Privat

Factoringul – un transplant juridic acceptat de dreptul comun?

The factoring is an agreement with a high degree of dissemination. It is widely used and in Romania, it has been used for more than 20 years, without being provided forth with an express regulation. Its legal condition is also being perpetuating at present. The question raised shall be: to what extent are the legal mechanisms provided for by common law able to accept an intellectual, legal “transplant” of a product imported in our country through the agency of the banking contractual practices? Furthermore, the question which may be raised is whether an acculturation of this contract template has occurred or not in the Romanian law. The answer is favourable to this acculturation and follows a structural definition of the factoring through the agency of its functions (those of financing, of the receivables management, respectively of guaranteeing the non-payment risk), but also, through the agency of the contractual items taken from the common law (especially, the receivable assignment, the current account, the loan and the instruction). Acculturation is also followed by the hotspots of the convergence between common law and factoring through the agency of the comments of the case-law and by an analysis of the contractual practices available in our country and in the comparative law.