Study On Legal Effect And Performance Of Gambling Agreement

With the opening of China’s capital market more and more high,the application of gambling agreement in the field of private equity investment is gradually increasing,and even the "investment-to-gambling" linkage effect,enterprises in order to pursue long-term development to introduce investment to fill the funding gap and promote investment and financing both sides signed a gambling agreement,however,when the gambling agreement in china’s practical application,It is often the subject of wide-ranging discussion in the substantive and theoretical circles because of the question of effectiveness.Through the analysis of the validity of the "Haifu case" "Hanyu case" "China industry case" to determine the path of the validity of the case,the author found that the gambling agreement has undergone from "with the company to the company to bet invalid" to "effective with the company gambling" transformation,and concluded that the values of this transformation is to better take into account the interests of all parties,encourage investment.In addition,by summing up the experience of past judicial trials,the author on the dimensions of the effectiveness of the gambling agreement and the follow-up performance of the issue of ideal deduction,with a view to the investment and financing parties to participate in the substantive participation of the legal issues that may be involved in gambling to contribute some suggestions.This paper will analyze and study the gambling agreement system in China from five aspects.The first chapter is an introduction,first of all,to introduce the research background and significance of the gambling agreement,the domestic research review,the research method to be used in this paper and the structure of the paper.The third chapter mainly introduces the change of the development path from invalid to effective,and the refereeing concept behind it,and introduces the typical reason severing the invalidity of the gambling agreement and the analysis of the effective determination.The fourth chapter mainly revolves around the share repurchase-type gambling agreement,from the treatment rules of the share repurchase obligation,the front of the procedure of share repurchase and capital reduction,whether the share repurchase and monetary compensation obligation can coexist and the legal remedy can not be fulfilled from time to time.Chapter V mainly analyzes the actual performance of the cash compensation type on the gambling agreement,not only expounds the rules of handling the performance of the cash compensation obligation,but also defines whether the cash compensation clause belongs to the liability of breach of contract or the contract obligation,and whether the investor’s identity belongs to the shareholderor or the creditor.And on the basis of the profit distribution fund scope and profit distribution resolution pre-reasonable analysis,and finally put forward the implementation of the legal recommendations can not be made,with a view to the actual implementation of the gambling agreement to provide some help.