Case Studies On A Entrust Financial Investment Problem

With the rapid economic development in China and the accumulation of national wealth, trust management demand increases, Along with the corresponding private individuals trust management disputes arising from the increasing trend also. Entrust financial investment activities in the practice has long existed, but in theory, the nature of the agreement on entrust financial investment, the effectiveness of what should be given on how to position, is always divergent. Also among the parties for the practical activities of the entrust financial investment agreement signed between them that often appear in terms of fixed profit guarantee articles of the legal effect of,the provisions the legal effect of mortgage warehouse, third-party supervision of the provisions the legal effect, Understanding is also big differences, still no conclusive, This article start with a case, Through literature study, analysis of comparative law on judicial practice of trust management in such cases to clarify the misunderstanding related issues:such as, Analysis and comparison of trust management agreement with the relevant concepts of the commission to re-understanding of the nature of the financial agreement, From the perspective of qualified trustees discuss the effect of financial agreements, From the security development trend and practice problem-solving perspective to prove the effectiveness of mortgage warehouse clause, From the perspective of respect for party autonomy to the terms of the effectiveness of fixed profit guarantee articles of the affirmative, Finally, Discussed in detail the effectiveness of the tripartite monitoring arrangement, Discussed in detail the responsibilities of supervision, In the above question the handling of the views of the author, while Want to achieve for the judicial and legislative practice, provide useful suggestions. This article includes three parts:The first part is the case presentations and questions, Mainly introduces the merits of the case raised several issues related to the legal focus of, For later analysis of the dispute lay the foundation for the focus of.The second part is the main part of this article, The case of funds entrusted to the management agreement on the nature and legal effect of, Terms of the nature of the mortgage warehouse and legal effect of, The legal effect of Fixed Profit Guarantee Articles, Of funds entrusted to the legal effect of the impact of management agreements, A detailed analysis of the effectiveness of third-party monitoring arrangement, So as to correctly identify the final case provides a justification. The third part is in the first two parts of the analysis and identified on the basis of, giving the legal and judicial advice.