Factoring as an instrument of payment Cover Image

Faktoring posao kao sredstvo naplate potraživanja
Factoring as an instrument of payment

Author(s): Miloš Trifković, Veljko Trivun
Subject(s): Economy
Published by: Ekonomski fakultet u Sarajevu
Keywords: factoring; del credere; session; collateral and loan

Summary/Abstract: Factoring is one of the oldest methods of payment known. It has found its place in the legislation of certain countries in the second half of the 19th century. Countries that are oriented to market economy have positive experiences with this method, which has had enviable economic effects in the field of payment. This method is regulated by special Convention of International Factoring Organizations. Bosnia and Herzegovina has insufficient and sporadic experiences in this field. The basic question to ask here is if the existing legal framework can give enough foundations for performing these types of operations. The basic hypothesis is that there is sufficient legal foundation for performing factoring operations in legislations of Bosnia and Herzegovina. This hypothesis will be proved by analysis of certain legislative solutions, as well as by their comparison to parallel-legal solutions, as well as by their comparison to parallel-legal solutions in the legal systems of other countries. The basic methods that will be used here are: parallel-legal, 95 historical, analogia iuris and analogia legis. The aim of the paper is to prove the existence of valid legal framework for performing factoring operations in the legal system of Bosnia and Herzegovina, as well as to show its positive economic effects.

  • Issue Year: 2005
  • Issue No: 25
  • Page Range: 73-95
  • Page Count: 23
  • Language: Bosnian