An Analysis On The Beijing Changfu Fund Entrusted Loan Contract Disputes

In recent years,entrusted loans have been expanding rapidly and over innovation.It disturbs the financial order and the real economy.In the case of such loan cases,the judge has a large discretion.In order to promote the healthy and orderly development of the financial market,the supreme people’s court issued a case study to regulate and guide the disputes on entrusted loan contracts.The main disputes between the two parties are typical and representative.Controversy is that the client can be as the eligibility of the plaintiff,the termination of the contract responsibility shall be borne by the who,the courts can support the penalty due to breach of contract claims and the principal of C plot to rights management of industrial projects to pay off,etc.The above focuses are discussed respectively from theory and judicial practice.Based on the provisions of indirect agency,the terms of the contract,and the correct understanding of judicial interpretation,determine the qualification of the subject of litigation is mainly based on "contract law" article 402 of the rules of anonymity agent,the principal is also the eligibility of the plaintiff;If the trustor terminates the contract in accordance with the contract and the borrower defaults,the actual borrower shall be liable for breach of the contract,and the client shall not be liable for breach of contract.By comprehensively measuring the nature of the liquidated damages and the actual loss of the client,the court shall exercise the discretionary power according to law and do not support the client’s liquidated damages.Analysis of commitment,effectiveness and the nature of the legal nature of construction engineering the priority of compensation with respect to price,combined with judicial practice,the supreme people’s court that client can dispose of C land rights and interests to pay off debt.Finally,the author points out that the client can protect the lawful rights and interests.The status of litigation shall be stipulated in the contract;The maximum requirement is loan guarantee,increase a variety of guarantee method;The client,the trustee and the borrower sign a tripartite agreement to protect the legitimate interests of the relevant subjects.