Umowa faktoringu jako przykład empirycznego kształtowania się stosunków obligacyjnych w dobie konwergencji systemów prawa
Factoring agreement as an example of the empirical development of obligation relations in context of law’s systems convergence

Summary/Abstract: The development of factoring in continental Europe took place only in the late 1950s, later than in the countries of the common law tradition. The presented in the article genesis of factoring confirms a large evolution of this legal institution, the legal framework of which was (and still is) built through years of practice. At present, the dominant tendency is the penetration, or even the adoption, of the contemporary common law system into continental law. An example is inclusion into continental contract law of new types of legal relations, developed in American economic practice, such as factoring. The repeatability of factoring transactions in turnover and the systematic unification of the practice of concluding factoring transactions by custom, and then its analysis based on jurisprudence and legal doctrine, resulted in a separate type of contract – factoring contract.

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