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An Analysis Of The Minimum-Guaranteed Clause In The Bank-Trust Financial Product

Posted on:2012-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:F FangFull Text:PDF
GTID:2166330335957472Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
The Chinese bank-trust financial products market developed prominently in recent years. It is practical to discuss the adoptation problems of trust law in China, through analyzing the questions appeared in the bank-trust financial products which contained"minimum-guaranteed clause". Before this, the discussion in legal circle was based upon the analyses of Chinese Trust Law or focused on the debate of how to deal with the rights and obligations of the trustor and the trustee in a trust deed. It was not an effective way to contrast the dis- and advantages of the transplanted trust law by giving comments on the text. Not to say how to eliminate the hardness happened in the process of the transplantation and adaptation of the trust law in China. In order to find proper measures to reduce the legal risk caused by the ambiguity of bank-trust financial products'legitimacy, which has the"minimum-guaranteed clause"? The thesis aims to present the necessary and how to adopt the minimum-guaranteed clause into the bank-trust financial management agreement. Chapter one is an introduction of this thesis. Chapter two presents us what is the bank-trust financial management. Chapter three focused on the discussion around the legitimacy problems of the"minimum-guaranteed clause". While chapter four analyzed the legal risk brought by the ambiguity of the relevant law through analyzing"An-Xing trust case"in 2008, chapter five aims to discover the advantage of adopt the"minimum-guaranteed clause"into the financial management agreement. Chapter six compares the similar legal measures in"preferred stock"with"minimum-guaranteed clause"and advices in order to achieve the balance of payoff of each party in the financial product, even more the balance of trust law system in China. Chapter seven is trying to give a conclusion to this thesis and giving legislative advice.
Keywords/Search Tags:bank-trust financial product, minimum-guaranteed clause, the force discussion
PDF Full Text Request
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