Study On Entrust Financing Business Of Commercial Bank In The Responsibility

With the rapid development of our economy and the continuous improvement of the financial markets, entrust finance gradually more attention, and even become the focus of financial markets in recent years, and even ordinary people talk. But with the matching of the legal system construction is relatively weak, the relevant legal study also relatively small. This article attempts through one on bank entrust financing the typical cases of dispute of our country current laws entrust financing is discussed, and further analysis judgment, carefully put forward some superficial views.First this article except introduction and conclusion of the text also introduces the case and put forward the dispute mainly focus on the case is simple; Second for each of the focus of controversy for further analysis; Finally, according to the legal judgment leads to thinking and legal implications. Specific as follows:Is presented in the first part:in the case and ordered the courts trial results, after the trial of cases related to subsequent development. Simply put forward the main problem in this case include the nature of the entrust finance relationship in identity; The obligations of the parties in the entrust financing contract balance problem; Discuss whether the case involves significant misunderstandings and show unfair; The question of whether the case involves fraud; Finally civil liability for specific recognition of the problem and the residual value of products.The second part:is the main part of the article, analyzes on the problems proposed in this paper one by one and the views are put forward. The legal nature of the entrust finance shall belong to the trust relationship; Bank inform obligation with the customer care obligations; Entrust financing problems of significant misunderstanding; Commercial Banks lack the inform obligation constitutes fraud; Commercial Banks in the entrust financing contract dispute in the nature of the responsibility and imputation principle; Redemption of controversy, and product the belonging of the residual value; Finally the summary of the case.The third part:summarizes the relevant details of the case, discusses legal judgment of enlightenment.