An Case Analysis On Li V.Yu And An Jia Company's Private Lending Disputes

With the development of economy and and the enhancement of capital flow between individual and corporation,the disputes caused by project managers' external borrowing show an upward trend,and become more and more difficult in judicial practice.In judicial practice,the legal status of project manager is unclear,the qualitative of external borrowing is confused,and the distribution scale of burden of proof is different.In the case of private lending dispute for Li v.Yu and Anjia Company in this paper,the author analyzes the legal status of the project manager and the behavior nature of its external borrowing is also discussed.On the basis of defining the burden of proof of each party,this paper holds that the external borrowing behaviour of the project manager does not constitute an apparent agency in this case,the prosecution has not completed the burden of proof,and the claim that the company is liable for repayment should not be supported.At the same time,this case has also aroused some thoughts of the author.In order to solve the judgment predicament and bridge the divide of the referee,there should be clear that the scope of authority,legal status and nature of the behaviour of the company's management personnel in view of the present situation of the adjudication in such cases.Additional,to adhere to the principle of respecting for the autonomy of the parties,appropriately distribute the burden of proof,determine the subject of the loan according to the relativity of the contract,accurately conclude the facts of the case and strictly recognize the apparent agency according to the thinking of the commercial judgment,so as to assume its corresponding responsibilities by both individuals and the company.