Titlebook: Selected Cases from the Supreme People’s Court of the People’s Republic of China; Volume 4 China Applied Jurisprudence Institute Book 2023

acolyte

onlooker

大骂

Encumber

CERE

Shanxi Coal International Energy Group Jincheng Co., Ltd. v. China CITIC Bank Co., Ltd. Xi’an BranchThe transaction method agreed in the tripartite business cooperation agreement in this case is a typical confirmed warehouse transaction, which is a new mode of financial guarantee. A confirmed warehouse transaction is premised on the true purchase and sale relationship between the buyer and the seller.

暂时中止

护航舰

Ping An Bank Co., Ltd., Beijing Branch, and Beijing Gold Exchange Co., Ltd. et al. v. Hainan JinfengWhere a party issues a blank guarantee contract stamped with its official seal to its creditor, such party is assumed to authorize the creditor to fill in relevant content, and such party is bound by the content stated in the guarantee contract, unless there is sufficient evidence to the contrary to refute the finding.

剧本

China Nonferrous Metal Industry’s Foreign Engineering and Construction Co., Ltd. v. Ningbo Branch ofThe severance of right to defense of negotiable instruments intends to protect holder in due course and in good faith, when the pledgee took instruments for value and obtained the title of negotiable instruments legally and in good faith, the debtors shall not make the defenses against the pledgee based on the ground of defensing the pledgor.

正论

Xinjiang Huacheng Anju Real Estate Development Co., Ltd. v. China Railway Construction Bridge EngineThe mechanism of invalid contract aims to prevent losses to the State, society and the interests of the third party due to performance of invalid contracts, so as to maintain the rule of law and public morality of a society.

Intuitive

LC Securities Co., Ltd. and Eastern Gold Jade Co., Ltd. v. Yunnan Xinglong Industry Co., Ltd. and ZhAs provided in Article 21 of the . (repealed in 2021; hereinafter referred to as .), the scope of suretyship liability assumed by the surety shall firstly be subject·to the agreement under the suretyship contract.