Research On The Validity Of Minimum-Guarantee Clause Of Trust Management Contract

To avoid the potential risks,the minimum guarantee clause is agreed in most trust management contract. For the difference of cognition and lack of relevant legal provision, law officer make different judgement in a similar case,which have a serious impact on the unity of justice.In order to reasonably regulate the entrusted asset management and conform to the judgment standard, it is of great practical significance to do research on the validity of minimum-guarantee clause.This article has four parts,except for the introduction and the conclusion. The first chapter defined the conception of trust management contract and the notion of minimum-guarantee clause.The second part states the theoretical issue about the validity of minimum-guarantee clause and illustrate the related regulations on the validity of minimum-guarantee clause.The chapter three observes the judicial case of the minimum-guarantee clause,and then analyse the defects of the practice of the judgement on the validity of the minimumguarantee clause. In view of the existing problems, the last part of this paper is to establish a kind of value judgment criterion to verdict the validity of minimum-guarantee clause referring the experience of foreign countries, so as to strive to get out of the current plight of justice.