Study On The Legal Issues Of Guaranteed Financial Products

With the development of economy and increase of people’s disposable income, financial products has gradually become an important investment tool in capital market. Guaranteed entrusted financial products attracted mostly investors and gradually become the preferred financial tools in people’s daily life since it has the function of security interest and security principal. However, investment should take risks. The guaranteed clauses in the financial product how to protect the interests of the buyers, is a question.To correct understanding guaranteed entrust financial product and to improve the investment risk awareness of buyers and sellers, author writing this article. The author tries to summarize the previous’ theory to analysis the legal nature of entrust financial product and gives proofs of guaranteed-clause effectiveness and entrusting contract effectiveness. With reference to domestic and foreign present situation and the related legislation gives suggestions to solve the related legal problems.The paper is structured as follows:Section 1 provides the concept of entrust financial product and the legal problems. Section 2 analysis the legal nature of guaranteed financial products. Based on the previous studies and the author summarize the view of legal nature of guaranteed entrusted financial products. In section 3 we discuss the legal effect of terms of guaranteed. We also analysis guaranteed-clause effectiveness and contract effectiveness. In the last section of this paper, the guarantee type principal risk responsibility of financial products bearing are discussed, summarized and solve the conflicting advice and ways, and puts forward some suggestions to solve the risk responsibility problem.For guaranteed entrust financial product specific legal problems, this paper respectively in the second, three, four parts are detailed discussed.