Study Of The Law In Dispute Trust Management Contract Disputes

With the development of social economy and capital market, national resident revenue level and social wealth grows day by day, Entrust Financial investment, an innovative self-formed capital management, has enhanced rapidly, gains an increasingly influential but results in plenty of issues in its practice. Among them, guarantee minimum contract terms dispute is the trigger of many entrust contract conflict. Such cases are amassing up, and have become tricky and complicated in judgment.There have been some experiences of judgment practice and cases accumulated, while legislative department are active in preparing for legislation, an authority are paying more attention to the research on entrust financial investment. However, there’s no exact definition to entrust financial investment under the present legal system till now. And there is much legal void existence, and less adequate in particular on its research.The first chapter is an overview of cases of the contract disputes of entrust financial investment. It started with some typical cases, and then three major problems of the legal disputes in these practices are raised. The author talked about the nature of the contract, and how to determine the validity of the contract and the guarantee minimum clause.Chapter two is about the basic theoretical research of related legal issues. The basic concept of definitions, characteristics, classification of entrust financial investment is analyzed. Then the writer compares the entrust financial investment with some related legal relationship, such as the principal-agent, trust, debit and credit, partnership, private investment funds.Chapter three is about the solution of those major legal disputes which rose in the first chapter. The author described some main doctrines and gave her point of view of each problem.Chapter four is about the revelations. The author made some suggestions about the perfection of legislation and the strengthening of the trial practice to solving the contract disputes of entrust financial investment.