Chronicles of Courtroom Battles -- Selected Cases of Legal Arguments by Lawyer Hu Xiangfu

Author: Hu Xiangfu
Publisher:
Publish Date: 2005-03-01
Features:
1. The Radiance of Legal Principles
1. Can property insurance set beneficiaries? Does the beneficiary of a property insurance contract have the standing to sue? In this major cross-border insurance contract dispute case, the attorney used their profound understanding of legal principles to help people appreciate the law that transcends the meaning of legal provisions.
2. Who is Responsible for Illegal Lending?
10. The financier used bank deposit slips to transfer the risks of illegal lending. Only the endorsee signed on the 10 million yuan draft, with the endorser's space left blank. Whether the funds were actually delivered to the bank and who designated the user of the funds became the focus of the case during the first, second, and retrial.
3. Behind a Fraud
17. In pursuit of high interest rates, the rural social insurance fund was easily defrauded; the bank engaged in irregular operations, and a huge sum of over 90 million yuan was easily withdrawn. Should the bank be held responsible, and what kind of responsibility? The continuity of the endorsement of the draft and the bank's review responsibility became the focus of the case.
4. The Legal Effect of Blank Endorsement on Drafts
27. The financier used bank deposit slips to transfer risks for illegal lending. Refusing to pay at maturity, the bank was sued. Whether the funds were actually delivered to the bank and the legal effect of the blank endorsement—these rulings in the first, second, and retrial of this deposit slip dispute case provided the answers.
5. Is a Fax Copy Admissible as Evidence?
34. The agent was sued for inability to pay the goods price under the letter of credit. During the trial, a retained "Capital Contribution Certificate" fax copy in the industrial and commercial bureau's enterprise registration files became the key to determining whether the contributor had fulfilled their obligations and whether the bank should be held responsible.
6. The Case of China's Stock Market
42. Investors lost money in stock trading, committed suicide, and left behind huge debts; the securities company provided illegal financing, and the widow sued. The Case of China's Stock Market pioneered the path for stock investors to seek civil compensation from securities companies.
7. Compensation for "Incidental Losses"
48. The user of funds provided performance guarantees for a contract that was "named joint venture but in reality a loan" using the legal shares of another company it held. However, the legal shares were transferred to a third party. How should the net asset appreciation of the legal shares be calculated, and how should the actual losses of the contributor be compensated?
8. 's Justice
54. The case originated from illegal financial agency. Whether the agency relationship ended and whether the financier was aware—through the first, second, and retrial, the law finally showed its impartial and fair nature in the face of the rights holder.
9. Compensation Triggered by a False Capital Contribution Certificate
64. The borrower failed to repay the loan and was sued. During execution, it was found that both the borrower and the guarantor had no assets, and one guarantor had registered capital that was false. Was the capital certificate issued by the bank for the guarantor false, targeted, and should the bank bear compensation?
10. The Bitter Consequences of Irregular Account Opening
71. The bank opened an account for the company irregularly, and the company's person in charge misappropriated the capital verification funds. Was the account for capital verification purposes, did the bank conspire with the perpetrator, and was there a causal relationship between their actions and the losses of the contributors? Finally, what responsibility did the bank bear?
11. Skillful Application of Evidence Rules
80. The headquarters provided guarantees for the loan of the branch, which was later dissolved. The headquarters was sued by the creditor assignee. The deadline for presenting evidence had expired, and the plaintiff could not provide the original capital transfer agreement during the trial. What was the fate of this debt?
12. A Full-Circle Legal Battle
86. In the agency import contract, the agent was unable to repay the goods price and had no choice but to sue the principal. To which contract was the payment made, and should the guarantor of the "irrevocable repayment guarantee" bear joint and several liability for the overdue amount after the main contract's performance period was changed?
13. $6.11 Million Uninsured
94. To introduce a production line, the "mother company" provided guarantees for the loan of its system enterprises. Before the loan was disbursed, an enterprise group was established with the borrowing enterprise as the core. Without signing a separate guarantee contract, the investment bank signed a loan contract with the enterprise group and disbursed the loan but failed to collect it on maturity. Should the "mother company" bear the guarantee responsibility?
14. Disputes over Loan Guarantees between Related Enterprises
101. Related enterprises guaranteed each other, with Company A using the loan to repay Company B's loan, and Company B using the loan to repay Company A's loan. Is this "replacing loans with loans," and should other guarantors bear liability?
15. The Realization of a 67 Million Yuan Road Right Pledge
109. During the bank-enterprise cooperation process, the enterprise obtained huge loans by pledged the rights and benefits of provincial road engineering, but failed to repay them on time. The "Guarantee Law" is ambiguous, and the road right pledge, which was not concluded in writing and registered, carries risks. However, the timely application for property preservation ensured that the road right was finally liquidated to repay the loan.
16. The Effectiveness of a Lease Contract and an Independent Guarantee
114. The guarantor issued an "unconditional irrevocable guarantee letter" for the "Lease Contract," but the main contract was invalidated due to the parties' lack of relevant qualifications. Was the nature of the "Lease Contract" a financial lease contract, and should the guarantor bear liability, and how should the scope of liability be determined?
17. The Legal Effectiveness of the Transfer of Claims from an Invalid Contract
121. The enterprise participated in an illegal joint construction, and the contract was invalid. Relevant units promised to return the investment, and the bank transferred the claims and sued. The attorney representing the bank elaborated on the nature of the power transferred by the bank, the negligence causing the contract to be invalid, the reflection of the principle of contract freedom, and the prevention of financial risks, and helped the bank realize the claim.
18. The Legal Consequences of Voluntarily Joining Another's Contract
127. The bank built a new building, and its subsidiary subcontracted the project to a contractor. After the building was completed, the subsidiary could not repay the construction debt. The Bank of Communications agreed in writing to deliver the debt directly to the contractor. What is the basis for the bank's liability—is it its identity as the true owner or its voluntary participation in the contract?
19. Is It a Deposit or a Commissioned Loan?
132. The airline deposited funds in the bank and signed a commissioned loan agreement with the bank through fraudulent means. Later, the bank fraudulently revoked the commissioned loan agreement with the wording "repayment of principal and interest shall be borne by Party B (the bank)." The mediation result helped the airline recover the funds.
30. The Bank Sued for Compensation for Helping Illegal Lending
138. Illegal lending between enterprises, the bank head helped issue deposit slips. Later, criminal cases occurred. Enterprises demanded payment from the bank using the deposit slips. Did the user of funds designate the contributor, and did the contributor receive high interest margins? What responsibility should the bank bear?
21. Who Bears the Cost of the Massive Draft Loss?
146. The agricultural social insurance fund was defrauded, and the relevant bank paid the deposit slip despite the discrepancy between the endorsee's signature on the back of the draft and the payee's signature on the front. The agricultural social insurance office sued the bank. Was the endorsement of the draft continuous, did the bank fulfill its review responsibilities, and who should bear the cost of the massive draft loss?
22. "Four Trials" Determine Right and Wrong
156. The financial service department underwent two transfers of equity and was closed during the cleanup. The assignee sued the transferor and added the previous transferor as a third party. Was it appropriate to add the previous transferor as a third party? Was the equity transfer target legal, was there fraud, and had the case expired? After four trials, the conclusion was reached.
23. Deposit Slip Dispute or Lending Dispute?
169. A credit union staff member signed a commissioned deposit agreement with the contributor under the condition of providing high interest margins. The funds were not deposited but directly given to the user of funds. After the incident, the staff member was sentenced to prison for the crime of misappropriation of funds. The contributors sued the credit union to demand repayment. Is this a deposit slip dispute or a lending dispute disguised as a deposit slip dispute? Should the criminal judgment be directly used as evidence?
24. Seemingly Ordinary, Hiding Hidden Traps
174. The bank sued a company that failed to repay the principal and interest of the loan as scheduled. The opening was unremarkable. However, the company produced two contracts from the Bureau of Land and Resources, claiming that there were two loans on the same day. How many loans were made between the two parties, and should the guarantor bear liability? The contract text concealed hidden traps.
A Little Insight from Me
188
Total 189 pages