Factors Influencing On The Contract Validity Of Financial Non-performing Load Transferring

In the transition of our economy from planned economy to market regulation, no-performing assets of banks increases rapidly year by year because of the inherent risks and other initial and external factors. When the state-owned commercial banks were at the stage of reforming, government established 4 state-owned assets managing company to depose and transfer the non-performing loan to solve the problems from the planned economy period. The deposition of non-performing assets came into the stage of acquisition but not the stage of political method any more. The transferring of non-performing load is relating to the interests of the state and the society for the security of state-owned financial assets. For the specificity of the non-performing load and our state condition, the legal ruling of relative financial non-performing load is uncertain between the politics and law, which is discussed frequently by these who do the theoretical research and these who do the practice research.Chapter 1 introduces the current situation of transferring of NPL, the definition and classification of NPC contract, and the specification of the effectiveness rule of NPC contract.Chapter 2 illustrates the transferability of loan influencing the effectiveness of contact transferring, which will be analyzed from 3 aspects------the kind of load transferring limited by ministry-issued regulations agreements reached between the contract parties about forbidden transferring, load guaranteed by the maximum mortgage.Chapter 3 discusses the competency of transferee of load, which is restricted by the identity and the qualification by the regulations,measures and summery, and the preemption to the load of state-owned companies on the effectiveness of contact transferring.Chapter 4 briefly introduces the load transferring procedure of evaluation, auction, biding and tendering, approval and registration influencing on the effectiveness of contract transferring.The above mentioned Chapter 2 to Chapter 4 analysis the relative ideas focusing on whether the special rule of the effectiveness of contract transferring belongs to the conflict of laws, or the paragraph limiting the specific application of Contact Law, and as well points out whether the invalid matter mentioned in the Summerydamaged the public interest illustrated in Clause 52.4 of Contract Law or Clause 52.5 of Contract Law. Typical case of the Supreme Judicial Court and other local courts will be used to illustrate.Chapter 5 concludes the reason of the existing of argument, which is the imperfection of legislation, and the differences in the application of law. And the writer puts forward some suggestions in this part.