Investing conduct financial transactions is very earnest and the business that affects law, if lack understanding to investing the legal knowledge of conduct financial transactions, produce bamboo basket extremely easily to call the awkward situation of water all in vain. Even if is the investor with very substantial experience of investment conduct financial transactions, still have be in an unfavorable situation when be duped. Accordingly, before investing conduct financial transactions, discreet choice, once discover the thing has,change, the proposal consults professional lawyer, seasonable collect is advantageous evidence, adopt judicatory way to safeguard oneself to close right increase as soon as possible.
Brief introduction of details of a case:Xu Mou is old Beijing aboriginal, natural span of life of already emeritus take care of oneself is in the home is old. From young when, xu Mou manages to investment money product is interested very, come for years research of project of of all kinds conduct financial transactions is quite much, say to get expert of on half conduct financial transactions. These year, rely on to invest product of of all kinds conduct financial transactions, turned really many money. In recent years, increase as the age, the fall of audition, drop off the buying that grain property tastes. But, xu Mou absolutely did not think of, oneself fell fall on the project of conduct financial transactions that invested last year however. The word that uses him himself says: "Often hit an eagle, was pecked by the eagle however eye " . How is the thing to return a responsibility?
Original, xu Mou's old partner has the trouble that the waist is fond of, saw a lot of doctors also do not have the effect. Accidental opportunity, knew Beijing the orthopaedics doctor Xue Mou of courtyard of some famous traditional Chinese medical science. Through massage cure of Xue Mou, old partner lumbago of Xu Mou was reduced many. Xu Mou's couple is this special appreciate Xue Mou. In the course of contacts, both sides became a concern very the friend that be close friends. To Xue Mou's word, xu Mou's couple believes thoroughly.
Later, via Introduction Xue Mou, xu Mou was known is Beijing's aboriginal Zhang Mou together. Zhang Mou recommended the foreign currency of Wo Erke company to look with individual event to Xu Mou, if invest this project,inform Xu Mou, monthly interest is led not under 5% , 6 lunar hind return gold of repayment of capital. Maintain this high income, inviting really. But the Xu Mou that invests experience for years is used to assessing a risk carefully. Considering Zhang Mou is friend introduction, it is native, should not cheat oneself, because some judges this Xu,Zhang Mou's word is authentic. Then, collected 200 thousand yuan Zhang Mou. Get money before long, zhang Mou opened the account of conduct financial transactions of Wo Erke company for Xu Mou.
During this, xu Mou busies all sorts of bagatelle in the home, not special the business that minds this conduct financial transactions. Later, the portion was controlled in August 2018, xu Mou passes group of friend of project of conduct financial transactions of company of other investment Wo Erke to be informed, the management state of Wo Erke company gave an issue. Xu Mou worries about the bedding bag of money of conduct financial transactions in him account to live, contact Zhang Mou rapidly, be informed however account has been frozen, capital cannot be taken out temporarily, need awaits Wo Erke company to manage return to normal. During awaiting endlessly, zhang Mou with all sorts of reason prevaricate Xu Mou. Such state lasts to April 2018 portion. Come after that, face Xu Mou's doubt, zhang Mou and Xue Mou mutual evade disputes over trifles. Xu Mou realizes deeply, oneself are this to walk really " thunder " , this money should be handed in " tuitional " .
But, does money go after all which? Xu Mou's doubt never gives up, the message as the assemble is increasing, xu Mou becomes aware what get this thing and think without oneself is so simple even more. So unidentified not white result, let Xu Mou how also cannot persuade his however avowed and hapless. Struggle through a thought, xu Mou decides to adopt legal means dimension to counterpoise, should get at least bright understand white outcome.
Then, below the friend's introduction, city of Xu Mou northerly capital east yuan the Wang Wenjing's lawyer of attorney office undertakes advisory. After understanding a situation, wang Wenjing's lawyer is informed Xu Mou Zhang turns besides the bank in the hand at present beyond the record, without any other evidence, king lawyer realizes this lawsuit is destined is a hardship " battle " . But the eyes that sees Xu Mou is helpless, king lawyer decides to help Xu Mou dimension counterpoise. Serious and comprehensive preparation is passed one time before appealing to, xu Mou of king attorney representative in order to entrust contract dispute court of people of division of stage of abundant of northerly capital city mentions civil suit. Requirement court adjudicates Zhang Mou is returned return Xu Mou capital and accrual loss.
In lawsuit, zhang Mou argue says: 1, between both sides nonexistent clientage. The product specification that Xu Mou joined Wo Erke company just can invest, have nothing to do with oneself. 2, Zhang Mou never makes any commitment to Xu Mou. 3, Zhang Mou suffers Xue Mou to indicate, turn money of conduct financial transactions to the account of conduct financial transactions of Xue Mou's son, xu Mou ought not to sue him.
Forensic basis is bilateral on the court allegation and referred evidence, existence entrusts a contract to concern between cognizance both sides, zhang Mou break a contact handles be commissioned work, ought to return return Xu Mou capital and compensatory accrual loss.
Argument of Wang Wenjing's lawyer:Investing conduct financial transactions is meddlesome originally, but among them risk is very big however. Face mixed investment, must look before you leap. It is difficult that money goes out to close easily! But if happen with the case with this similar proposal, do not fear, more not acedia. Must consult professional lawyer, gather advantageous evidence in time, active lawsuit thought fors the time being. Well-known, civil suit has effectiveness for a given period of time to set, once missed litigant effectiveness for a given period of time, mean lost win the lawsuit authority, such regretting late also. In practice, the client that has encountered a lot of hearts to put fluky psychology comes round to refer issue of investment conduct financial transactions, they think to await is best settlement method, wait to do not have any cost of course, but the risk is the biggest however. Be like article Xu Mou, experienced half an year to await more, soon all up just must to lodge a complaint, and after with Xu Mou the other client with similar case seeks advice, adopt judicatory way not in time to settle dispute, so that the litigant effectiveness for a given period of time of partial client had passed apparently, remind again do not miss litigant effectiveness for a given period of time. And some clients are in however active lawsuit, but the error as a result of litigant strategy, a chaos appeals to, the law case put through that can win the lawsuit originally one boiler random congee, obtained the report that one caboodle loses a lawsuit. Little imagine, dimension authority needs to pay attention to means method, cannot blind thought fors the time being, missed optimal lawsuit opportunity to still be buried for the following lawsuit already so fell " thunder " .
In this case, xu Mou has a bank to turn only Zhang record, other advantageous evidence are done not have completely, well-known, civil suit, the key is evidence, but a few lawsuit that front courtyard careful passes in this case are politic, the accused on the court the place to go of money of avowed Xu Mou, this wins the lawsuit for accuser made very good bedding. Accordingly, encounter any legal dispute, talking things over is a kind of means, if cannot talk things over,settle the means dimension advantageous position that ought to take lawsuit as soon as possible, not protracted, lawsuit stresses strategy, do not copy case to perhaps cover use at will to institute proceedings. Alleged: There is identical leaf on the world. Even if is the law case that is the same as a type, still have differ in thousands ways, impossible just the same, and lawsuit is tripartite, not be one party, because this wants specific issue concrete analysis, cannot treat as the same.
Note: Cover photograph originates network.
