Judicial Determination Of Private Entrusted Financial Management Contract ——Taking The Case Of Zhou V. Jiang Entrusted Financial Management Contract Dispute As An Example

With the rise of the wave of "investment fever" and "financial management fever",more and more subjects participate in investment and financial management activities.Entrusted financial management,as a new way of investment,can fully combine multiple elements of capital,professional knowledge and investment experience,showing a high adaptability with the development of financial market.However,due to the lag of legislation,it is difficult to timely and effectively adapt to the rapid development of the financial market,which also leads to entrusted financing contract disputes occur from time to time.Among them,the difference between private entrusted financial management contract and loan contract,the subject qualification of the trustee and the effectiveness of the guarantee clause are often the disputes of this kind.This paper takes the case of zhou v.Jiang as a starting point to make an in-depth analysis of the differences between private entrusted financial management contracts and loan contracts in terms of contracting purpose,contract nature,fund use authority and income distribution,the subject qualification of the trustee and the effectiveness of the guarantee clause.Folk entrusting contract at present stage in China lack the referee rules that exist in the judicial cognizance,the problem of insufficient reasons things out the argument basis,put forward specific folk entrusted financial contract is a nameless contract,perfecting the folk finance the effectiveness of the contract concluded that two suggestions,in order to perfect the folk rules,the entrusted financial disputes of justice uniform law applicable standards.