我国国际保理法律机制探究

我国办理国际保理的规模尚小。国际保理业务的一些通行做法与我国国内法律环境“不兼容”是影响其发展的关键因素。笔者在探究了由我国《合同法》确立的商事债权让与制度的基础上,分析以此制度作为我国国际保理的法律规范不能完全适应保理实务和国际惯例的要求。其中对未来发生应收账款债权转让的效力、禁转约定的抗辩、隐蔽性保理在我国法律体系下所遭遇的不适及就应收账转让引起的权利冲突等问题,进行了详细的论述,并提出了相应的立法修正原则。     

Managerial judgment and forecast combination: An experimental study

This paper examines the role of managerial judgment in forming a final forecast, or judging the achievability of a critical level of sales, when multiple forecasts or opinions are available to the decision maker. Several factors that can help improve the quality of human intervention are identified and incorporated in a decision aid. Experimental results show that aided combination can help the decision maker exploit her relevant private information and mitigate the generally observed negative effects of human intervention. Further, the results suggest that emphasizing expected sales, even when the organization is primarily interested in go/no-go decisions, helps improve performance. Several suggestions for future research are presented.

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