On The Bottoms Of Insurance At The Financial Contract

In recent years,being a new civil and commercial case, there is an increasing number of contract dispute of commissioned financing.The contract is one of the cases in court of our country,which belongs to a nameless contract in the field of contract law.These cases are complex and novel,because of this,it is considerable controversy.In most of commissioned financing contract,the minimum guarantee clause is involved, it is one of the most important content of commissioned financing contract, as well as the key reason that clients be attracted by the trustee to sign a management contract with them.It is a blank field in the law,in which there is no clear provision about this kind of case in the legislation of our country. It is still in the beginning stage of the research on it and short for the related works.This paper bases on the situation that there is no distinction between the basic financial trust management and private trust financing in the previous data, discusses and analysis the two part separately,in this way it is more clear and more closed to the practical application. The author also hopes to write this paper on the purpose of solving disputes in reality.This paper analysis commissioned financing contract from four aspects,in which the author pays more attention to the analysis of the effectiveness of minimum guarantee clause in the commissioned financing contract. The first part introduces the nature and classification of the commissioned financing contract as well as the definition and types of the minimum guarantee clause,and do a comprehensive analysis on the effectiveness of minimum guarantee clause. The second part analyses the validity of guarantee clause in the financial entrust financial contract and the solutions dealing with the dispute.The third part introduces the effectiveness of minimum guarantee clause serves in the folk commissioned financing contract and the treatment of the dispute.Finally, the fourth part analyzes the reasons of frequent disputes and the improved measures taken by the trust management mechanism,and makes recommendations from multi-angles.