Research On The Legal Application Of The Valuation Adjustment Mechanism

Bet against the agreement, also called Valuation Adjustment Mechanism(Valuation Adjustment Mechanism), it has been introduced into China for nearly twenty years of history, but with the rise of domestic private equity funds in recent years became well-known. Due to the lagging of legislation, bet more controversial agreement applicable law of problem, this paper hopes that by based on the basic theory of contract law and corporation law, through combing the method of literature and case analysis bet agreement on bet agreement applicable law of in-depth research, hope to be able to clarify the theoretical contexts bet agreement applicable, such as the nature of bet agreement, legitimacy, risk problems in thinking and analysis, to bet against the agreement applicable to seek a more perfect legal environment.The legislative level, the development of the principle of autonomy of private law under the new question, to bet against judicial level agreement case of relief, is of great significance.Therefore, this article is divided into three chapters, the following brief analysis in this paper,the logic of argument.The concept of the first part of this paper will introduce bet against the agreement, including the bet agreement form, significance, common type, the legal nature and development of the practice in recent years. To bet against agreement correct understanding of the basic concept,condition is the study of legal applicability bet agreement solid foundation.The second part of this article will focus on to bet against the agreement about the case analysis, in order to be able to correct perspective of judicial practice of judicial judgment logic and principle behind the law, this article selects the Supreme Court had two the verdict of the different typical case analysis. In order to find out the differences of two sentences by using the method of contrast and abide by the principle of.The third part of this article will focus on bet against the agreement of legal regulation and risk, on the basis of the above summary case, from the perspective of system construction and practice on legislative organs, judicial organs and the main body of market put forward the corresponding suggestion, in order to solve the uncertainty in the bet agreement applicable on,reduce the bet agreement applicable legal risk, give full play to the guidance law.