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Study On Legal-issues Of The Entrusted Loan In China

Posted on:2011-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q F MaoFull Text:PDF
GTID:2189360305963611Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The entrusted loan is funded by the client and issued, supervised and assisted in recovery by the lender (or trustee) according to the loaning object, purpose, amount, term and interest rates that are determined by client. The lender (trustee) only charges fees and does not take on loaning risk. The entrusted loan involves clients, lenders, borrowers and other people and contains entrusting, loaning, ensuring and other legal relations. Based on the complexity of the relations, to rationalize and research the various legal relations and to identify the parties'legal responsibility are of great importance on dealing with disputes between the parties correctly, protecting the community and financial institution's funds and guiding a good transformation from private loans to entrusted loans.Last two years, the entrusted loan has developed rapidly and showed features of a growing scale and innovative way, thus it provides a good way to use community's idle funds effectively, and it also plays an active role in fighting against usury and stopping underground banks and underground finance. However, because our country's laws on entrusted loan are not perfect and the entrusted loan lacks a uniform criteria and rigorous procedures on funds'direction and approval, a large number of disputes relating to entrusted loan emerge from in judicial practice.Making research on the entrusted loan's basic theories of the legal nature, legal relations and legal responsibility, and combining the entrusted loan's development status and problems of legal risk in our country, we can take measures on the three levels of the regulatory agencies, commercial banks and investors to prevent the entrusted loan's legal risk, in order to perfect the legal system and promote the healthy development of the entrusted loan in our country.
Keywords/Search Tags:The entrusted loan, Legal relation, Legal liability, Legal risk prevention
PDF Full Text Request
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