The The Analysis Of The Validity Of Guarantee Clauses In Private Entrusted Financial Contracts

Years don’t live,seasons flow.Nowadays,the economy is booming.In this living environment with increasing asset balances,people’s demand for diversified financial management channels is increasing.The emergence of "trusted financial management contracts" began here.At first,the form of transferring property to financial institutions for financial investment was more common,but with the further pursuit of flexible cycles and high returns by property owners,the "non-governmental entrusted financial management contract" came into being.In an increasingly diversified and complicated financial market,in order to better avoid financial investment risks and to ensure that trustees can deliver large amounts of property with confidence,the "guarantee clause" has become a frequent agreement in entrusted financial management contracts..However,how to define the nature of the "trusted financial management contract" and how to judge the effectiveness of the "guarantee clauses" in the private financial management contract cannot be concluded from the current legislation.The theoretical academia and judicial practice have not reached a consensus,leading to The phenomenon of "different judgments in the same case" is increasing,which is detrimental to judicial authority and credibility.It is urgent to discuss theoretically,clarify vague cognitions,improve legal regulations,and then implement theoretically guided practice.The thesis starts from the meaning,nature and type of the entrusted financial management contract and its guarantee clause,and is divided into the following sections:The first part summarizes the entrusted financial management contract and its guarantee clause.First,clarify the meaning and classification of the entrusted financial management contract,leading to the research object of this article-the private entrusted financial management contract.Secondly,it enumerates the disputes over its legal attributes and compares them with confusing legal concepts.It points out the independent status of entrusted financial management contracts and the novelty and particularity of private entrusted financial management contracts.It proposes that they should be treated as "unnamed contracts".View.Finally,the meaning and classification of guarantee clauses are introduced,and their types are analyzed and summarized.In the second part,the typical cases in judicial practice are used to explore the effectiveness of the guarantee clauses in the private financial management contract,to find out the focus of the case,the trend of the court’s decision,and summarize the court’s completely invalid judgment and partial invalid judgment.Reasons for a valid judgment.The third part analyzes the effectiveness of the guarantee clauses in the private financial management contract,and points out the limitations of the "invalidity theory".It conforms to the inherent legal principles of encouraging transactions,the principle of "freedom is not prohibited by law," and the laws of economic development.The rationale and feasibility of the guarantee clauses in the private financial management contract.The fourth part is to make detailed planning from the aspects of filling the legislative gap of the entrusted financial management contract,differently regulating the effectiveness of the guarantee clause,clearly ensuring the influence of the guarantee clause on the contract,setting the trustee’s qualification obligations,issuing judicial interpretations and guiding cases.With a view to providing suggestions for the improvement of related systems.