The Rights of the Financing Contract in the Field of International Trade with an Emphasis on The Agency Contract

Yıl 2024, Cilt: 11 Sayı: 5, 3225 - 3245

Mohammad Ekram Yawar , Abdul Jamıl Sharıfy

https://doi.org/10.46868/atdd.2024.815

Öz

The financing contract is a very important topic that must be examined with great care, other contracts in the light of the general principles and rules governing the contract. The importance of determining the nature of the financing contract in the aforementioned way in the world is due to the effects that come upon it by specifying the nature, for example, if we consider the financing contract as the sale of receivables or if we consider it as a mortgage contract, it has different legal effects. In this way, if we consider it as a type of sales contract, the result is that the buyer of accounts receivable (the agent) becomes the owner of the accounts receivable and has ownership rights over it, and in case of bankruptcy of the seller, the agent does not bear any risk and is among the creditors of the seller. Accounts receivable are not included, while if we consider it as a type of loan agreement with the collateralization of accounts receivable, a different legal situation arises, such that, for example, with the bankruptcy of the seller, the agent must be among the seller's creditors, and according to According to the bankruptcy rules, the claimant should collect because the ownership right has not been transferred to the agent in the recent assumption. The importance of determining the nature of the financing contract in Afghanistan doubles, because in addition to the legal effects mentioned above, it affects the identification and legal recognition of this financing institution for its use in Afghanistan. The question is whether we can make the financing contract, which is used in most of the countries of the world and has a great role in facilitating trade, compatible with the current regulations of Afghanistan and definite or indefinite contracts that are stipulated by it.

Anahtar Kelimeler

Agency, Nature, Domestic Law, Transnational Documents

Kaynakça

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