The Minimum Guarantee Clause Of Fund Management Contract

With the rise and development of the fund management business, the disputes it brings are increasing, among which the minimum guarantee clause has been one of the focal and difficult issues in theory and practice. This leads to the difference of cognition and application of the law in the trial practice, which can even make the outcome of the similar cases quite different, and have bad influence of the unification and seriousness of this kind of case.This paper is divided into four parts. The first part elaborates the basic concept and classification of the minimum guarantee clause in the fund management contract. The second part and the third part analyze the legality and rationality of the clause, and point out the problems and contradictions. The last part of this paper is to solve the problems and contradictions above by combining the present situation of our country and referring the experience of foreign countries, in order to do some deep research on the guarantee clause of fund management contract.