| The number of entrusted financial management contract cases in the field of civil trial of the court at all levels in our country is common and increasing year by year.In the current legal system,it is difficult to find the provisions that can be directly applied to judge the validity of the guarantee clause of entrusted financial management contract.The theoretical and practical circles generally use the basic principles of civil law to deal with and analyze the dispute over the validity of the guarantee clause.The conflict of application of the basic principles of civil law will lead to the dispute of the validity of the guarantee clause more complicated.The legal nature of entrusted financial management contract directly determines the application of law,which is the first premise of correctly understanding entrusted financial management behavior,but also the basis for judging the validity of the guarantee clause.The different types of guarantee clauses make the legal relationship of entrusted financial management contract have different basic elements and essential characteristics.Therefore,we should study the application of law from the perspective of typology.The guarantee clause embodies the autonomy of will between the two parties,should take the economic benefit as the value orientation,abide by the principle of good faith as the principle,carefully deal with the relationship between the two parties,should not easily determine that the contract is invalid,but a sound and orderly financial market order is also crucial.The subject of entrusted financial management contract is different,the type of guarantee clause is different,and its law application is different.Therefore,the validity of the guarantee clause should be discussed in categories from the perspective of typology.Different trustee subjects have different impact on the financial market and different social influence range.It should be guided by the value of maintaining financial order and public interest as the basis for judging the validity of the guarantee clause of different trustee subjects.Different types of guarantee clauses have different provisions on income and loss,and the subtle changes in the distribution of income and loss are the key to judge whether the interests of each other are in equilibrium or not.The principle of equity should be the value-oriented basis forjudging the effectiveness of different types of guarantee clauses.The guarantee clause is invalid,resulting in the whole entrusted financial management contract is also invalid.The nullity of the contract is the result of the joint fault of both parties,and the provisions of the nullity of the contract can not be applied mechanically.Therefore,after the contract is invalid,the remaining assets shall be returned,and the losses shall be borne by the parties according to the degree of fault. |
