By Charlotte GAUCHON
2 May 2025
Factoring generates conflicts of rights between the factor and various third parties. In these situations, claims are made against the same receivables or their proceeds. The resolution of these conflicts depends on precise legal principles and nuanced case law. Conflicts with other creditors Chronological priority between creditors Conflicts between the factor and another creditor are resolved by the "prior tempore, potior jure" rule. The first valid transfer prevails. In the event of double mobilisation of claims, case law compares the dates: For two subrogations: dates of subrogatory payments For subrogation and Dailly assignment: date of subrogation against date of slip For assignment and attachment: date of notification against date of attachment The Court of Cassation has confirmed this principle in several major rulings (19 May 1992, 3 January 1996). There is no priority between mobilisation techniques. Opposability of the assignment to the distraining creditors...
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