Research On Legal Issues Of Private Entrusted Financial Management Contract ——Take The Disputes Over Private Entrusted Financial Management Contracts Between Yu And Yuan As An Example

With the continuous increase of residents’ income and the continuous strengthening of investment concept,entrusted financial management business is rising,and entrusted financial management contract disputes exist in a large number in judicial practice.Entrusted financial management with financial institutions as the trustee is strictly controlled by laws and regulations,and there is no great controversy about the problems in judicial practice in dealing with such cases.Because the private entrusted financial management with natural person as the trustee is in the gray financial zone,there is a regulatory gap,which leads to the phenomenon of different judgments in similar cases in judicial practice in solving those relevant legal issues in such contract disputes,such as the legitimacy of private entrusted financial management behavior,the identification of the nature of such behavior,the effectiveness of the minimum guarantee clause and its impact on the overall effectiveness of the contract,which weakens the judicial credibility.Based on the judicial practice,taking three civil trust contract dispute cases as the research object,this paper summarizes the legal problems in the handling of such cases in the judicial practice and the different handling views of judicial decisions on such problems.Then,based on the relevant theories of civil law and economics,this paper analyzes the problems summarized above,briefly evaluates the different views in practice,and puts forward personal opinions on this basis,in order to provide reference for judicial practice in the future judgment of such cases.This paper consists of four parts:The first part is the introduction.This part includes the research background,research significance,domestic literature review on entrusted financing and the research methods used in this paper.The second part summarizes the basic situation of the case and the focus of controversy.Through the brief introduction of the three typical private entrusted financial management contract dispute cases selected in this paper,we get three common dispute focuses in the private entrusted financial management contract dispute cases,namely,the legitimacy of private entrusted financial management behavior,the identification of the legal nature of private entrusted financial management contract and the determination of the effectiveness of the minimum guarantee clause.The third part is the jurisprudential analysis of the case dispute focus.This part first summarizes the concept and types of entrusted financial management,and makes a theoretical analysis of its legitimacy from whether the private entrusted financial management behavior belongs to franchise business or not;Then it summarizes and evaluates the relevant theories on the nature of private entrusted financial management contract in judicial practice and theory,and defines the judgment elements of identifying the nature of private entrusted financial management contract;Finally,it briefly summarizes the minimum guarantee clause,and then analyzes its effectiveness and its impact on the overall effectiveness of the contract with the benefit balance method.The fourth part is the conclusion and suggestion of the case study.Through the research and analysis of the third part,I put forward my own conclusions on the three controversial focus issues in the private entrusted financial management contract: the single private entrusted financial management behavior should be a legal behavior;To determine the nature of private entrusted financial management contracts,we should define them as private loan contracts or new contracts in combination with the different contents and performance methods of such contracts;The minimum guarantee clause shall be limited recognition,and it shall be independent and shall not constitute the core clause of the contract,and its effect shall not affect the overall effect of the contract.In the conclusion,the author further proposes that the single type of private entrusted financial management should be legalized;Recognize the independent status of private entrusted financial management contracts other than private lending contracts;Rationally look at the effectiveness of the minimum guarantee clause in the private entrusted financial management contract.