Study On The Legal Nature And Effectiveness Of Valuation Adjustment Mechanismis

Valuation Adjustment Mechanism emerges on the basis of drawing lessons from foreign related systems and according to the needs of our country’s practice.In recent years,with the expansion of China’s venture capital and private equity investment market,the application of betting agreements has become more and more widespread,which has also played a great role in promoting the development of China’s commercial market.At the same time,due to the lack of relevant laws,there are always different opinions on the identification and validity of cases arising from disputes over Valuation Adjustment Mechanism in judicial practice.In view of the above,it is necessary to conduct in-depth study on the betting agreement.Based on the analysis of representative cases of Valuation Adjustment Mechanism in recent years’ judicial practice,this paper makes a detailed discussion on the two major problems in practice: the identification and validity of Valuation Adjustment Mechanism.This paper holds that the gambling agreement should be a new type of commercial contract in nature,and the gambling agreement in effect should be regulated by both company law and contract law.The first chapter of this paper is the introduction.First,it shows the background of the development of the betting agreement and the views of domestic scholars,trying to explain the origin and research status of the betting agreement in China.The second chapter is about the problems existing in the judicial practice of gambling agreement.Through the comparative analysis of the selected classic cases in recent years in China,while summarizing the views of the court,it finds the problems existing in the practice of the legal nature and legal effect of gambling agreement.Chapter three analyses the legal nature of the gambling agreement,starting from the current mainstream views of the gambling agreement in China,analyses in detail the theory of conditional contract,projective contract and option contract,and puts forward my own views on the nature of the gambling agreement contract.The forth chapter is about the legal effect of the betting agreement.It analyses the legal effect of the betting agreement from the perspective of contract law and corporate law.