On The Effect Of Guaranteed Contract Terms In Entrusting Financial Transactions

Entrust financing is a coupon among all investors trust others in market. Thebehavior of the investment bank collectively in this field..Specifically, Refers to the principal and the agent agreement, The principal ofcapital、Card and financial assets entrusted this coupon, and transfers to the trustee,The trustee in card coupons、Futures, financial market on investment、Managementactivities. According to the parties agreed between the rights and obligations betweendifferent, can be classified into two categories, one kind is the trustee and the financeagreed, both sides revenue sharing、share the risk, the entrusted party only charge thecorresponding compensation. Another kind is the principal and the agent entrustedparty financing agreements concluded,the entrusted party agreed to the generation offinancial management, whether financial behavior profit or not, the entrusted partycommitment to the client in addition to desirable principal, can get a certain interestin return.The terms of the minimum guarantee, which common in the joint venturecontract and the trust management contract, also more common in theChinese-foreign cooperative enterprise contract and construction engineeringparameters associated construction contract. Minimum guarantee terms generallyhave the following forms: Guarantee of principal and interest fixed rate of returnterms、guarantee of principal and interest of the minimum return terms、ensure thatthe principal against loss provisions and damage to fill the commitment. For theeffectiveness of the terms of the minimum guarantee, current legislation only on aparticular type of contract the terms of the minimum guarantee required by law, noeffect on the terms of the minimum guarantee, the general provisions. In fact, the newtype of contract on the terms of the minimum guarantee, which always caused a lot ofcontroversy. The author in the terms of the effectiveness of minimum guarantee of this article will be a light to explore, to the period initiate.The first part describes the definition of trust management contract and the termsof the minimum guarantee, including the commissioning that the relevant definitionof the concepts and features of the financial management of the contract itself, andtrust management contract the terms of the minimum guarantee as defined in. Trustmanagement to check against securities market for all investors to entrust others toengage in securities investment behavior collectively. The second part describes theidentification of the type and effectiveness of minimum guarantee terms of the trustmanagement contract, which focus on trust management minimum guarantee of thecontract terms of the type of analysis, combined with specific types of，the use of casestudies identified based on their effectiveness. A prolonged slump in the stockmarket，trust management contract disputes in recent years has become one of the hotstock market disputes. The third part of the terms of the trust management contractminimum guarantee the effectiveness of the identified theoretical dispute、legal basisand recognized methods. Identified for the effectiveness of the terms of the minimumguarantee trust management, there are both positive and negative views. In the trustmanagement contract, for identification of the terms of the minimum guarantee ofjudicial practice which judgment is invalid, In fact, finds that the terms of theminimum guarantee effective trust management contract and the related economicbehavior in terms of far-reaching significance. The fourth part of the article is theeffectiveness of disputing on the terms of the minimum guarantee of the trustmanagement contract to analyze, business solutions and legislative recommendations.Today, more and more people started to pay attention to the financial, however, dueto the higher threshold of financial investment professional，many people will want togive the money to "experienced" on behalf of care. In order to control risk, trustmanagement agreements often have the terms of the agreement minimum guarantee.In the development of financial products and financial life today, managementcontract between the private property of each person and the immediate interests of,believe that the law is about to be perfect in this regard, regulation to adapt to rapideconomic development system.