NORMATIVNO UREĐENJE UGOVORA O FAKTORINGU U SVJETLU DOMAĆIH I MEĐUNARODNIH IZVORA PRAVA
NORMATIVE REGULATION OF FACTORING CONTRACT IN TERMS OF DOMESTIC AND INTERNATIONAL SOURCES OF LAW

Summary/Abstract: Under existing conditions of business activity, there are certain difficulties in the field of financing and granting funds to business entities, operating on national and international level, and attempt to overcome them is made by introduction of specific methods, techniques and contractual instrument. One of these methods is factoring business and factoring agreement, as the contractual instrument of its realization, which emerged in the mid 1950s, in United States of America. There is no unified opinion in legal theory and legislation in different countries, in terms of terminology, conceptual and legal definition of the factoring contract. This paper analyzes the existing legislation and its shortcomings for the successful realisation of the factoring operations in Bosnia and Herzegovina, which is mostly relying on sphere of autonomy of the contractual parties and combining elements of existing designated contracts, such as contract of assignment, service contract, loan agreement , agreement on bank guarantee and contract of commission. Starting from the specific structure and different types of factoring agreements affecting the rights and obligations of contractual parties, and its demarcation with other similar agreements, this paper seeks to answer questions of improving the factoring business and the existing legal framework in BiH, by introduction of special rules in existing Law on obligations or adopting special regulations that will relate to these topics with particular emphasis on solutions provided by the Convention on International Factoring made under the UNIDROIT.

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