First, the distinction between private entrusted financing contracts and other contracts.
1, the difference with the private loan contract.
2. Difference from trust contract.
3, the difference with the partnership contract.
Second, the review points of the effectiveness of private entrusted financing contracts
1. Review the qualifications of principals and trustees.
2, review whether the contract content is suspected of illegal crime, violation of financial management order.
Third, the identification and handling of the guarantee clauses in the private entrusted financing contract.
1, determination of warranty terms.
2. Confirmation of the validity of the guarantee clause.
3. The influence of invalid guarantee clauses on the effectiveness of the contract.
Fourth, the responsibility in the private entrusted financing contract.
1. Calculation and treatment of entrusted assets loss
2. Calculation and treatment of entrusted assets income
Verb (abbreviation of verb) Distribution of burden of proof in disputes over private entrusted financial management contracts
1. The client bears the initial burden of proof.
2. Reasonably distribute the burden of proof according to the principle of fairness.
Private entrusted financial management contract dispute, also known as entrusted financial management dispute of non-financial institutions, refers to the contract dispute caused by the client entrusting his funds and financial assets to non-financial institutions or natural persons, and the trustee investing the entrusted assets in asset management activities in financial markets such as securities and futures within a certain period of time. Non-financial institutions in such cases refer to non-financial institutions, legal persons, unincorporated organizations and individual industrial and commercial households except commercial banks, securities companies, trust companies, insurance companies and fund companies. In judicial practice, the courts have different judgment standards for disputes over private entrusted financial management contracts, so it is necessary to unify the judgment standards.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 6 Civil subjects engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Article 156 If part of a civil juristic act is invalid and does not affect the validity of other parts, the other parts are still valid.
Article 929 The agent of an entrustment contract is only liable for the losses caused by his own fault, while the guarantee clause stipulates that the losses not caused by his own fault shall be borne by the agent, which violates the basic rules of the entrustment contract relationship.