ABSTRACT
The common law has generally recognised the possibility of receivables financing, but from the civil law perspective, there are still a number of concerns regarding some of the business practices associated with receivables financing. Factoring takes on an international dimension where supplier and debtor are located in different countries. The internationality of the arrangement is therefore determined on the basis of the internationality of the receivables, rather than of the assignment. The Receivables Convention seems to be broader in respect of this override, focusing not only on contractual prohibitions on assignments, but any clause which somehow limits the ability of the assignor to effect an assignment. This is significant because it would be a much more extensive interference with party autonomy and freedom of contract, but one which is justified by the desire to facilitate receivables financing. The notice must relate to a supply contract which was made at the latest by the time notice is given to the customer/debtor.
