Highest courtyard: In the concern maintaining put in order that has recourse, the business that main

Because keep manage business,be from the business type that introduces outside the condition, the time that begins in home is not long still, the academic construction that doctrine and solid Wu layer face the contract that maintain put in order appeared great controversy. In this case, highest courtyard constructs to defending the theory of manage contract is uniform apparently adopted " creditor's rights to make over say " . But from current " contract of civil code law is made up " (2 go over a manuscript or draft) in light of, the contract maintaining put in order that has recourse to be being mixed without the contract maintaining put in order of recourse adopted different academic construction, former still collect " creditor's rights to make over say " , latter picks " loan contract + concessive assure say " .

Loan of receivable Zhang money signs those who have recourse to protect manage contract with the business that maintain put in order, when debtor not when liquidate debt, the business that maintain put in order does not assume the bad Zhang risk with this receivable Zhang irrecoverable money, ability offerred the debt pay off that the system design of recourse is equivalent to be debtor by loan of receivable Zhang money to assure, its function and assure what abandon appealing to contradictory authority first to comparative commonly, reason protects grain merchant to authority asks loan of receivable Zhang money and debtor assume reimbursement responsibility at the same time.

1, subbranch of a bank of wall of labour travel steel and sincere connect a company to sign those who have recourse " home protects manage business contract " : Sincere creditor's rights of money of 150 million yuan of when in connecting a company to be opposite its, some company enjoys receivable Zhang transfers subbranch of a bank of wall of labour travel steel.

2, subbranch of a bank of wall of labour travel steel already with " receivable Zhang money protects manage business confirmation " the fact that the form makes over this creditor's rights informed Zhong Mou of the company, some company legal representative built its seal in.

3, subbranch of a bank of wall of labour travel steel accuses in asking to the court, some company is mixed sincere connect a company to assume reimbursement responsibility jointly.

Does subbranch of a bank of wall of labour travel steel advocate to Zhong Mou company the authority that beg countervail and Xiang Cheng connect company exercise recourse to should be denied at the same time get supportive?

Be in in iron Xinjiang company and sincere below the case that opens a company to all did not fulfil obligation according to it, subbranch of a bank of wall of labour travel steel mentions this case lawsuit, company of Xinjiang of the iron in the requirement pays receivable Zhang the money to its, ask at the same time sincere connect a company to be assumed to afore-mentioned receivable Zhang moneys counter-purchase obligation and bear interest of exceed the time limit. In light of the true meaning of the series behavior that from labour place of subbranch of a bank of travel steel wall carries out, its core accuses begging is company of Xinjiang of the iron in the requirement is mixed sincere connect a company to assume liability at the same time, remand jointly what owe borrow or lend money, reason should maintain subbranch of a bank of wall of labour travel steel to counter-purchase authority " to belong to recourse actually in the " that the place in this case lawsuit weighs. It is under the frame that recourse keeps manage business, when company of Xinjiang of the iron in debtor not when liquidate debt, be versed in subbranch of a bank of travel steel wall does not assume the bad Zhang risk with this receivable Zhang irrecoverable money, the system design of recourse is equivalent to by sincere ability offerred the debt pay off of company of Xinjiang of the iron in connecting a company to be to assure, its function and assure what abandon appealing to contradictory authority first to comparative commonly.

Reason first instance adjudicates about sincere those who tell a company ought to be in company of Xinjiang of the iron in be opposite inside 149995458.68 yuan of limits the debt that place agree carries assumes those who counter-purchase responsibility to maintain, accord with not only " contract of the business that maintain put in order " agreement, also of not lawbreaking, administrative regulations mandatory regulation, this academy gives maintain.

(2014) civilian 2 eventually word the 271st

" contract of civil code law is made up " (2 go over a manuscript or draft)

The 552nd party agreement has recourse to maintain put in order, the person that maintain put in order has authority to choose to be returned to view of loan of receivable Zhang money still protect principal and interest of manage financing money to perhaps counter-purchase creditor's rights of receivable Zhang money, perhaps advocate creditor's rights of receivable Zhang money to debtor of receivable Zhang money. The person that maintain put in order advocates creditor's rights of receivable Zhang money to debtor of receivable Zhang money, there is the rest after deducting principal and interest of money of the financing that maintain put in order and relevant expense, odd part ought to be returned return loan of receivable Zhang money.

The 552nd party agreement maintains put in order without recourse, the person that maintain put in order ought to advocate creditor's rights of receivable Zhang money to debtor of receivable Zhang money, the person that maintain put in order acquires the share that keeps principal and interest of manage financing money and relevant cost more than, need not return to loan of receivable Zhang money still.

The business that maintain put in order can distinguish manage to recourse is protected and maintain put in order without recourse two kinds, recourse maintains put in order is to show the bargainor applies for, the company that maintain put in order suffers make its right the receivable Zhang money of buyer, buyer returns a money abnormal or when buyer expires not to pay, the bargainor all assumes receivable Zhang money to expire counter-purchase responsibility; Having recourse to maintain put in order is to show the bargainor applies for, the company that maintain put in order suffers make its right the receivable Zhang money of buyer, when expiring because of credit problem not to pay like buyer, the company that maintain put in order assumes bad Zhang risk.

Fall about two kinds of afore-mentioned case, the business that maintain put in order is assumed with do not assume essence of existence of bad Zhang risk to distinguish. From at present " contract of civil code law is made up " (2 go over a manuscript or draft) in light of, it is " creditor's rights to make over " to having the academic construction of the contract maintaining put in order of recourse, it is " loan contract to having the academic construction of the contract maintaining put in order of recourse + concessive assure " . What the author needs further illumination is the contract maintaining put in order that has recourse (two administrative levels form) :

1, " of " loan contract points to: The business that maintain put in order keeps manage financing money to what loan of receivable Zhang money offers, after expiring, its can choose to repay to view of loan of receivable Zhang money the capital of money of the financing that maintain put in order and accrual.

2, " is concessive assure " points to: Loan of receivable Zhang money and the creditor's rights between the business that maintain put in order are made over is not the creditor's rights on a real significance make over, however with " concessive assure the countervail of the money of the financing that maintain put in order that the form of " is loan of receivable Zhang money to offer to keep manage business still is offerred assure, expire in loan of receivable Zhang money namely cannot repay when the capital of money of the financing that maintain put in order and accrual, the business that maintain put in order is OK also hold reimbursement responsibility to debtor of receivable Zhang money. But from " contract of civil code law is made up " (2 go over a manuscript or draft) the 552nd in formulary " is in there is the rest after deducting principal and interest of money of the financing that maintain put in order and relevant expense, odd part ought to be returned return " of loan of receivable Zhang money to look, burden " still answers to liquidate compulsory " when the business that maintain put in order advocates to debtor of receivable Zhang money, be about to odd part is returned return creditor.

From this, "Loan contract + concessive assure the combination of " was formed at present " contract of civil code law is made up " (2 go over a manuscript or draft) the theoretical foundation of the contract maintaining put in order about having recourse.

In addition, in the solid Wu operation of the business that maintain put in order, whether to withhold recourse to have advantages and disadvantages each, handlers should understand adequately, combine a danger ability and interest pursuit to undertake choosing.