The Legal Basis for Factoring Contract in Palestine: A Comparative Study

Authors

  • Tasneem Kahala Faculty of Law and Public Administration, Birzeit University, Palestine
  • Amir Khalil Faculty of Law and Public Administration, Birzeit University, Palestine.

Keywords:

Factoring, commercial contracts, commercial debts, UNIDROIT Convention on International Factoring 1988.

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.

Downloads

Download data is not yet available.

References

Al-Araj, H. (2017). Interview with the director of the legal department in the Egyptian Arab Land Bank, Ramallah, 30.04.2017.

Algerian Civil Code , order No. 75-58 of September the 26th 1975.

Algerian Legislative Decree No. 08/93.

Algerian Legislative Decree No. 95/133.

Alia, M. (1985). Economic Dictionary. Beirut: Arabic Encyclopedia for Publishing.

Al-Jaburi, Z. (2011). International Factoring Contracts. Al- Mansoura Journal, 14.

Al-Jorani, M. (2015). The Impact of Factoring contract between the Jordanian and Iraqi Laws: A comparative study, Master Thesis, Middle East University, Jordan.

Al-Khanfosi, Abd. (2016). Factoring contract as a new form of modern banking guarantees. Shari'a and law sciences journal.

Al-Khateb, Abd. (2011). ‎Rediscountable Commercial Papers, Master Thesis, Yarmouk University. Jordan.

Al-Sanhouri, Abd. (1974). Al-Waseet for elaborating the civil law: Rule of Obligations. Cairo: Dar-Al Nahda publishing.

Al-Sanhouri, Abd. (1998). Al-Waseet for elaborating the civil law: Rule of Obligations. Beirut: Al Halabi publishing.

Al-shanti, R. (2007). Substitution: A comparative study between the Egyptian, Jordanian Civil Laws and the proposed Palestinian Civil Law, Master Thesis, Al-Najah University, Palestine.

Al-Sos, S. (2013). Some successful international experiences in the field of developing small and medium enterprises. Palestine: Ministry of National Economy.

Al-Takrouri, O. (2014). Rules of Obligation. Hebron: Academic Library.

Awwad, H. (1996). Rediscountable Commercial Papers, Master Thesis, The University of Jordan. Jordan.

Awwawdah, I. (2009). The legal impact of Rediscountable Commercial Papers, Master Thesis, The University of Jordan, Jordan.

Dawas, A. (2005). Civil Law: Rules of Obligation: A comparative Study. Ramllah: Dar Al-Shorok Publishing.

Dwedar, H. (1990). Factoring Contract. Law Journal for legal and economic research, Alexandria.

Egyptian Civil Code, 1948.

Egyptian Decrees on the regulatory and supervisory control for factoring No.120/2010.

Egyptian Decrees on the regulatory and supervisory control for factoring No.72/2013.

Egyptian Law on regulating the activities of financial leasing and factoring No. 176 of 2018.

Fodla, H. (1997). Factoring Contract. Cairo: Dar-Al Nahda publishing.

French regulation relating to the definition of economic and financial terms, 1974.

Ghazi, A. (1993). The economic encyclopedic dictionary: English-Arabic. Riyadh.

Ghneem, A. (2008). Taxation of Factoring Contract. Taxation Conference No 14, Egypt.

Hajlol, A. (2011). Factoring contract. Amman: Zein Publications.

Mahasneh, N. (2008). Loan Contract under the Civil Law of Jordan: Analytical study, Mutah University, Jordan, 32(5).

Majallat al ahkam al adliyah, Aref Ramadan, No (0), 9/9/1988.

Melhem, M., and Kondari, M. (2004). Financing contract using commercial rights and securitization operations: A comparative study. Kuwait University.

Milat, Abd. (2012). The legal system for factoring contract, PhD Thesis, University Abu Bekr Belkaid, Algeria.

Palestinian Presidential Decree No. (9) of 2010 on Banking Law.

Proposed Palestinian Civil Law, Advisory and Legislation Bureau.

Shafi, N. (2013). Factoring Contract. Amman: Zein Publications.

Shanab, M. (1995). Lessons in Rule of Obgliation. Cairo.

Sultan, A. (n.d). Rules of Obligation, General Theory of Obligation: A Comparative Study between the Egyptian and Lebanese Laws. Beirut: Dar-Al Nahda publishing.

Thikra. M. (2007). Factoring Contract in practical and legal terms. Contemporary Egypt Journal, 98.

Zayed, A. (1998). Rules of collection of commercial papers, Master Thesis, The University of Jordan, Jordan.

Downloads

Published

2021-03-01

How to Cite

Kahala, T. ., & Khalil, A. . (2021). The Legal Basis for Factoring Contract in Palestine: A Comparative Study. Dirasat: Shari’a and Law Sciences, 48(1), 156–172. Retrieved from https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/2993

Issue

Vol. 48 No. 1 (2021)

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.