Research On The Nature And The Relevant Validity Of The Individual Entrusted Financial Contract

Along with the social economy growth and the smooth development of capital market expansion, the social wealth has increased, idle fund also more and more, consignment Financing as a new investment options, to win the investors extensively pay their attention to the market and participation in the social. And, entrust conduct financial transactions areas there are serious and urgent need to resolve problems, the existence of the terms is sparked much entrust financial contract dispute. However, in our country’s existing legal system in the regulation of entrust conduct financial transactions, there are many blind spots, according to entrust financial legislation still is in blank stage. Theoretical circles on the attention of the more and more strong but the study also is still just start, less works. This paper tries to start from the typical cases, summarizing China entrust conduct financial transactions of the problems existing in the field carry on the summary and analysis, and cautious on capital market entrust conduct financial transactions to the improvement of the environment on the primary exploration and thinking.This paper, besides the introduction and conclusion, the logic is divided into four parts.The first chapter:entrust conduct financial transactions the production of the dispute of general situation and the typical case. Firstly, this chapter briefly introduced the entrust conduct financial transactions and entrust financial disputes background. Secondly, detailed analysis Hong Xun financial dispute, and with a similar dispute "Yin qiang" case were compared. Sums up the entrust conduct financial transactions of the contract dispute the central issue. To determine the cause of the case, the validity of terms, the effectiveness of the contract.The second chapter:entrust conduct financial transactions of the legal nature of the contract. This chapter discusses the combination of case entrusted financial contract of the basic theory of related problems. Firstly, Through the instructions entrust conduct financial transactions contract dispute causes, to entrust financial legal relationship of the subject, object, content, three aspects of entrust financial relations are discussed in detail. Secondly, related theories about the nature of the entrusted financial at home and abroad are introduced. For example:trust relationship theory, line border relations theory, principle agent relationship theory. Clear the entrust conduct financial transactions is a special comprehensive legal relationship that is different from the trust, agency, the trustee-trader, lending. Finally, with the base on the legal nature of the entrust conduct financial transactions. Three theories are introduced about the entrust conduct financial transactions of legal validity:deny theory, qualification theory and difference theory. To think that the court in the maintenance of economic law and civil law system security guards on contract between trade safety weigh unity. According to the different case review respectively the legal effect of the entrust conduct financial transactions of the relationship.The third chapter:analysis of effectiveness on terms guaranteeing the minimum in the trust management contract. This chapter can be separated into two sections to discuss the legal effect of terms guaranteeing the minimum.The first section is intended to clarify the basic theoretical problem of terms guaranteeing the minimum, first of all, the strict legal definition towards the terms so as to clarify its definition and characteristics; Secondly, a brief introduction of the forms of manifestation about the terms in the four types of trust management contract mediator, on the basis of the forms elaborate on t the legal nature of terms guaranteeing the minimum. Section Ⅱ is intended to clarify the legal effectiveness of terms guaranteeing the minimum. This section firstly introduces the disputes about terms guaranteeing the minimum in the theoretical circles and judicial practical circles, mainly including the theory of effectiveness of terms guaranteeing the minimum, the theory of invalidation, the theory of limited recognition, the theory of retrievable terms and the theory of distinguishing the subject; Secondly, from the three Dimensionalities of theoretical basis, legal basis and value orientation demonstrate the effectiveness of the terms guaranteeing the minimum and regard them invalid; Finally, clarify the relationship between the terms guaranteeing the minimum and commissioned financial contract and treat the terms guaranteeing the minimum as the core of the terms in the commissioned financial contract. The terms decide whether the purpose of contract will success or not, so the invalidation of the terms guaranteeing the minimum will lead directly to the invalidation of the. commissioned financial contract.The fourth chapter:suggestions to perfect entrust conduct financial transactions system. To solve the problems existing in the entrust conduct financial transactions and the improvement of the legal environment, the chapter from five aspects:the perfect legal laws and regulations, improve supervision mechanism, corporate governance structure, judicial, personal finance put forward some suggestions.