Principles and Case Studies of Loan Litigation

Author: Wu Qingbao, Xu Xiancong (editors)
Publisher:
Publish Date: 2005-01-01
Features: With the rapid development of China's market economy, the economic activities of various market entities have become increasingly active. Finance, as a crucial component of economic activities and capital operations, has gained increasing significance. However, due to the immaturity of China's market economy and the lack of well-established supporting systems, issues in financial activities have also become more prominent. It can be said that the faster the market economy develops, the deeper finance participates in the market economy, the higher the likelihood of problems arising in the financial sector. For this reason, financial litigation has gradually attracted attention, particularly from legal professionals. Therefore, People's Court Press plans to compile and publish the series "Principles and Cases of Financial Litigation," including seven titles: "Principles and Cases of Securities Litigation," "Principles and Cases of Futures Litigation," "Principles and Cases of Insurance Litigation," "Principles and Cases of Loan Litigation," "Principles and Cases of Negotiable Instrument Litigation," "Principles and Cases of Letter of Credit Litigation," and "Principles and Cases of Trust Management Litigation." This series adopts a broad perspective on financial litigation in the market economy, analyzing legal issues from the perspectives of legal application in litigation and classic cases. The content is divided into two main parts: New Legal Applications and Classic Cases. The former focuses on summarizing current issues in legal practice and providing legal solutions for various problems, while the latter elaborates and enriches these issues through actual cases, offering readers a more intuitive and concrete understanding. It is believed that the practical value of this book will be helpful to professionals in the financial legal field, especially lawyers engaged in financial legal litigation. This book, "Principles and Cases of Loan Litigation," introduces and explains the main issues, case types, jurisdictional principles, determination of litigating subjects, and judicial resolution methods of key loan forms such as loans, borrowing, entrusted loans, and loans in the form of deposit certificates in practice. It also focuses on major legal issues in guarantees such as guarantees, mortgages, and pledges that exist alongside loan contracts. From the perspective of judges, the theory is closely linked to practice, combining numerous specific cases to provide an in-depth yet accessible explanation of resolution methods for various guarantee cases. It particularly addresses practical difficulties such as the duration of guarantee liability, high-value mortgages, repeated mortgages, negotiable instrument pledges, and equity pledges. Additionally, it examines corporate-related guarantees in listed companies in light of Article 60 of the Company Law and proposes specific solutions to corporate guarantee issues. The purpose of compiling the "Principles and Cases of Financial Litigation" series is to promptly summarize various financial legal issues arising from the development of the market economy and to review hot, difficult, and focal problems in judicial practice from the perspective of judges.