Legal Analysis of Issues Related to Business Trust Disputes under the Ninth Civil Minutes
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On November 8, 2019, the Supreme People's Court released the Minutes of the National Courts' Civil and Commercial Trial Work Conference, which not only has reached the consensus on some difficult legal issues in the current civil and commercial trials, but also has extended some problems. This paper analyses the business trust dispute and focuses on the following five questions: whether the investment with repurchase constitutes of the assignment security; whether the dispute on the contract-based asset management business of the non-trust company belongs to the business trust dispute; whether the real existence of the investment target is the precondition of the investment with repurchase; the legal basis of the invalidity of rigid payment clauses; and the reason of the amendment from “entrusted and wealth management” to “entrusted and due”.
Business Trust, Business Trust Dispute, Minutes of the National Courts' Civil and Commercial Trial Work Conference