Research On The Validity Of Minimum-guaranteed Clause Of Entrusted Financial Contract

With the rapid development of economy and the rapid accumulation of capital,entrusted financial management,as a new type of investment and financial management,consistent with the development law of the capital market and has become a hot investment method in the Chinese financial market.At the same time,due to the lack of timeliness and sensitivity of the legislative response to the financial market,there are many disputes about the entrusted financial contract,in which the most common issue is the validity of minimum-guaranteed clause.The minimum-guaranteed clause reduces the investment risk of the client's assets in the financial market,therefore,it won the support of investors,but also caused a series of problems.At present,there is no legal requirement for entrusted financial contracts which made by non-financial institutions and natural persons,let alone mentioning the issue of minimum-guaranteed clauses;the legal requirements for entrusted financial contract which made by financial institutions are incomplete,and the standards of the minimum-guaranteed clauses in different levels of legal documents are different,which makes the practical work of the court difficult,the judicial decisions of courts at all levels vary widely,which seriously affects the authority and unity of justice.The main research direction of this article is the validity of minimum-guaranteed clause of entrusted financial contract,the whole article consists of three chapters: the first chapter reviews the case and sorts out the focus of the dispute.The second chapter analyzes the disputes of the case,which mainly involving the validity of the minimum-guaranteed clause of the entrusted financial contract and its impact on the Validity of contract entrusted financial contracts.The third chapter puts forward specific suggestions for problems in the field of entrusted financial contracts in China.Expect to contribute to the unification of the referee standards for the validity of the minimum-guaranteed clause of the entrusted financial contract in China.