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You may be wondering why I decided to blog 'Factoring and the Law'? The very fact that you are reading this note is in a way an answer to such a question. This is because you were probably looking for accessible knowledge about the legal aspects of factoring, and such knowledge is not widely available, and certainly not available in one place. Factoring is an economic phenomenon with a steady, dynamic growth rate in Poland, however, this is not followed by a directly proportional increase in the availability of knowledge regarding its legal aspects. I will be tempted to say that this is not followed directly by a proportional increase in the availability of lawyers - specialists - trained theoretically and practically to handle factoring companies.
Thanks to this blog, you have the opportunity to educate yourself on the legal aspects of factoring - on the one hand basic, and on the other hand selective - because it covers those issues that I found interesting, possible to describe in an accessible manner. The legal aspects of factoring are not simple - for factoring is an unnamed contract (there are no legal provisions regulating its framework directly in the Civil Code). This means that the task of a lawyer and possible court, if it recognizes a dispute related to factoring, is to appropriately select the provisions co-shaping the content of factoring (especially from the field of assignment of receivables) and to assess the legality of the regulations applied by the factor, a
especially their effectiveness. Very often these are regulations from the junction of various legal institutions (assignment, warranty, effectiveness of payment) requiring appropriate weighing of the legal interests of the debtor, creditor and factor. Particular legal protection is afforded to the debtor - as the assignment of receivables must not worsen his legal position. The above justifies the claim that the legal aspects of factoring are not simple, and certainly not accessible. However, I will try to make them as accessible as possible.
Why don't I write everything on the blog and leave 'non-essentials'? Because the blog is not intended to comprehensively discuss all legal aspects of factoring, nor to suggest ready-made proven solutions, especially those that took me years of practice and often a significant number of court cases to develop. Certain elements of 'secret knowledge' remain available only to clients, i.e. factoring companies - independent companies, companies controlled by banks, or, finally, departments of banks. The offer for such entities is available HERE. Entities interested in cooperation are invited to contact me directly: b.nadra@jaskowiak-nadra.pl.
At the same time I stipulate that on this blog I do not give legal advice. At most, being invited to a discussion - I will participate in it.
I wish you a pleasant reading experience.