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the boss investment

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Started 10 years ago by v9dS1rA7Sd

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v9dS1rA7Sd
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 Two good buddies, a mother for another stock, 2010 300,000 principal Scoop January this year,http://scaoa.com/forum/profile/42502, only 20,000 actually. The face of such huge losses, many good mutual affection is not calm. Dispute went to court, how would you judge? The essence of such disputes is trust management disputes, now many people are so dry, his own account to the master to operate, or directly give money to master, and then we set the protocol: a series of profit and loss into a key element of policy. . Such a contract valid? The situation is really the contract agreed on how to do? 300,000 yuan principal early 2010 Earlier this year, only 20,000 yuan Scoop Hangzhou Jiande small Xie and xiaolai are university students, as close as brothers. After graduating xiaolai on a securities company had classes, have some experience of finance and investment. Xie mother Aunt Zhao see around a lot of people to make money in stocks, and my heart itch. After consultation with his son, looking xiaolai help. In early 2010, Zhao aunt accounts invested 300,000 yuan. Beginning not xiaolai personally operation, small Lai said his friend was a master. After referral, small Lai friends and Zhao aunt oral agreement, Panax into profits, Zhao aunt seven Three friends. I did not expect the second half of 2010, Xie told a small Lai: "Your friend to help my mom stocks have lost more than 10 million, account balances left over 160,000 of." Little Lai decided to personally speak to Zhao aunt plate. Xiaolai outset idea is still pretty accurate, Zhao aunt's accounts also swung to an account at the peak of the gross assets reached about 300,000, fully recover. Xiaolai small Xie said: "The current market is not very good, or do not fry." Xie said:. "My mother trust you, continue it," because before xiaolai "successful" experience, Zhao aunt xiaolai trust, adding their own basic accounts do not view the situation. January 2013, Zhao aunt chance to check the next account, shocked, total assets actually only 30,000 yuan. Zhao aunt think despite bad market years, but her friends most binary, like her remaining one percent, it is a bit outrageous. She felt a little Lai did not try to sound management obligation, requiring xiaolai bear half loss. Through "negotiation" and finally to Zhao aunt xiaolai IOUs issued a promise: to February 1,http://www.sqitz.com, 2015, if the account balance Zhao reach 160,000 yuan, and the remaining balance paid by small Lai. Court Mediation: Zhao aunt xiaolai compensation 70,000 yuan Money newspaper reporter checked a number of years on the Shanghai Composite Index, January 2010 to about 3200, to the beginning of 2011 to 2800, the beginning of 2012 only 2200 points, after a few years all the way hovering at 2,000 points up and down, until last October, bull turned,air max 90, the market soared,http://www.palau-oerc.net, only took eight months to June this year, broke through 5,000 points mark. Whether it is the amount of money entering the account number or often high, in such a context, in January of this year,http://ospwchechle.pl/index.php?site=forum_topic&topic=184469, Zhao aunt again check account: 2.2 million! Zhao aunt reported a small Lai, asked him as promised at the beginning of 2013, less than 160,doudoune moncler pas cher,000 yuan make up, that should he make up 138,000 yuan. Xiaolai argued in court: "I Zhao mother stock is gratuitous February 2013 I issued IOUs to her, in order to avoid suicide, Xie was also promised not really want me to compensation for these payments, so. Writing this IOU is actually contrary to my true intention, but Zhao mother of all financial risk due to me, but also a violation of the principle of equity law, the IOU should be invalid. " The judge said the two sides trust management legal relationship. In the event of huge losses, a small Zhao Lai to issue IOUs (actually undertaking), xiaolai as a full civil capacity, should know the legal consequences to be borne, non-small Lai said the true meaning of that argument can not be established . But on the IOU's content, xiaolai commitment "to February 1, 2015, if the account balance Zhao reach 160,000 yuan, and the remaining balance of its payment", the agreement has a minimum guarantee clause in nature. Such investments will be all risk of loss borne by the trustee agreed conventions, contrary to the principle of fairness of contract law, the Department of invalid contract. After the contract is invalid, the party at fault shall indemnify the other party for the losses suffered. Eventually, the mediation by the judge, xiaolai compensation payments agreed to pay 70,000 yuan Zhao. Commissioned stocks caused a lot of lawsuit Most of the cases closed by mediation Commission on stocks triggered a wave peak of the dispute is about in 2008. Since October 16, 2007,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=3964, the Shanghai index has been to reach a record high 6124.04. After dropping all the way, only less than half the time, to May 2008, the market has been hovering around 3300 points. Money newspaper reporters have reported that in 2008, Yeosu, one of Returned Overseas Chinese, to join the real estate industry after; one big room shook, known as "Warren." The two men signed an agreement by the end of 2007, cooperation stock,woolrich outlet, the boss investment, "Warren" operation. Protocol is set to June 30 of that year, however,http://bbs.xingtugame.com/forum.php?mod=viewthread&tid=92096, before the agreement expires, the boss put "stock god" to court. Since six months have invested 18 million, it has shrunk to 800 million. August 2008, Dongyang also surnamed Jiang also planted Warren, who back the three lawsuits, which thanks to a maximum of 7.5 million. Such disputes allow judges feel quite tricky, the focus of controversy is the agency stocks of such acts and there is no clear legal provisions; furthermore that such "commissioned by the asset management contract" is valid. Some people think that this kind of agency is an agreement between natural persons, to be effective; also suggested that the trustees do not have the financial qualifications or securities business do not have the qualifications, for violating securities laws or financial regulations and agreement is invalid, the parties should be based on the degree of fault share the loss. Most of the cases closed by mediation. Risk awareness and spirit of the contract When trust management It is not to be a little more Principal's clear that when stocks is good, how cents profit, loss how to undertake such a contract is legally binding; how to ensure the effectiveness of the end of the terms found liable after the contract is invalid, roughly what kind of identification. Around today's lawsuit, we are mainly talking about commission of such natural person, a natural person and does not include trust management contract entrusted to agencies. The legal profession think: here also entrusted natural classification and visual. If it is a single one, are personal, just commissioned stocks, no Tazhun rhythm of the market, and no further criminal acts, as long as it does not violate the civil law, contract law and the prohibition of national financial regulations, respect the parties That autonomy should be respected, its trust management contract should be recognized as valid. If it is "one to many",hogan outlet, that is to say a so-called expert in the same period were treated jointly or not a particular people entrusted in fiduciary business community, particularly aggregating entrusted investment management business scenario, because the act apparently incompatible with their status and qualification, it should invalidate the contract. Such behavior is dangerous, to a certain extent, may be related to illegal business, or illegal deposits from the public and other criminal offenses. Also, the minimum guarantee clause whether valid. This is the theory and judicial practice have been highly controversial. The so-called minimum guarantee terms, there are three types: "guaranteed fixed return of principal and interest terms",http://sideviews.at.webry.info, "guaranteed minimum return of principal and interest clause" and the "guarantee against loss of principal terms." There is an understanding that the minimum guarantee clause violates the principle of fairness, tend to invalidate minimum guarantee terms and minimum guarantee clause is often the core of the trust management contract, it would also lead to an overall contract invalid invalid. However, in recent years,http://www.fufumen.com/home.php?mod=spacecp&ac=blog&blogid=, another voice is also very strong, minimum guarantee clause is an incentive and restriction mechanism for both parties in a legal form of autonomy entrusted behavior set, we should respect such a private autonomy, as valid, Under the terms agreed to, which is the highlight of Chinese investment risk awareness and spirit of the contract. There is an exception, the parties agreed in the contract, the principal assets by the trustee for investment management, trustee regardless of profit or loss of principal and interest are guaranteed to receive a fixed return of principal, excess investment income are the property of the trustee (ie principal and interest guarantee agreement fixed return clause), belonging to the situation "called trust management, in fact, lending Relations", so that the legal relationship between the two should be considered a "loan contract relations," the. & Nbsp; the newspaper's chief reporter Xiao Jing & Nbsp,canada goose pas cher; 

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