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Legal Analysis On The Loan Contract Dispute

Posted on:2011-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:B JiangFull Text:PDF
GTID:2166360305465660Subject:Law
Abstract/Summary:PDF Full Text Request
Loan contracts are becoming widespread as china develops rapidly economically and socially, therefore litigation is on the increase, as well as other legal complexities. The loan contract dispute demonstrates the diversification and complexity of legal relations. This paper presents legal issues worthy of research.This paper follows the basic idea of Problem-Formalization Problem Analyze-Problem Solving; the paper will present four parts.The first part is a case description from Liling's People court, situated in Hunan Province. The case, including all the proceedings and judgments has been introduced.The focus of the second part will be on the character of the loan contract amoung the folk. First, an analysis of the general characteristics of a private loan contract will be carried out, followed by a detailed analysis of the case, make out the case in the loan contract is a typical private loan contract.The third part will focus on the nature of the case in the liquid contracts. A thorough investigation into the characteristics of liquid contracts carried out both home and abroad, will be observed alongside the case that defends Wu Xiaojing case of conducting its own property transfer as a liquid contract illegal.The fourth part is the discussion of whether the defendant, Su Chuanjuns'total debt should be jointly and severally liable. According to this issue the paper accused Su Chuanjun jointly and severally liable, combined with the marriage law on the identification of joint and several liability, the defendant Su Chuanjun not have come to the case of all the debt jointly and severally liable for the conditions.
Keywords/Search Tags:loan contracts, lex commissoria, case analyse
PDF Full Text Request
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