With case view: Pass the money that P2p intermediary lends, was exceed the time limit returned who w

Last year, successive Bao Lei of company of a string of big P2P, a lot of networks are leasehold be suspected of crime, bring about numerous collect money participate in a person disastrous. Recently, court of people of Shanghai Pudong new developed area (court of Pudong of Shanghai of the following abbreviation) adjudicated the civil dispute case that involves P2P together.

A company is one be engaged in a network technically the platform of financial message medium of activity of business of leasehold message medium, to register an user leasehold provide between two parties service. Li Si fastens shell company shareholder, entrust A company to release loan information in platform website. A company released following information in platform website then: Borrower is shell company; Platform wind accused personnel for many times to check the true management condition of this company and professional work; This company capital is abundant, actual strength is powerful, without the bad record that sign a letter, answer a paragraph to have safeguard; This company legal representative offers joint liability to assure. Lisi borrows 5 million yuan so that capital adds up to through platform.

Zhang San is platform register an user, after seeing loan information as online as company of Li Si, A signed " loan electron agreement " , to Li Si lend 120 thousand yuan. After loan expires, li Si did not cease by repayment of capital agreement countervail.

Zhang Sansui tells Li Si and A company to Shanghai Pudong court. Zhang San thinks, li Siying undertakes the responsibility of breach of contract of reimbursement of exceed the time limit. A company regards loan as between two parties person, hide as important as what conclude the contract is concerned fact intentionally and provide false information, harmed its interest, the agree carries additional liability to pay compensation.

A company argue says, a company regards intermediary as the orgnaization, the loss of incorrect investor undertakes responsibility of breach of contract.

The court thinks via cognizance: The first, A company provided false case to involving the basic message of borrower, security, announce not adequately loan risk, enough affects lender to make reasonable judgement. The 2nd, A company is demand of loan of high specified number of Li Sifa cloth in platform website, violated the superintendency regulation of risk of loan of concerned control network, the risk of break a contact that causes borrower is magnified, harmed the interest of lender. The existence between the loss of the behavior of A company and accuser is causal, the loss that answers accuser assumes additional liability to pay compensation.

On put together, shanghai Pudong court enters a judgement: Li Si pays accuser interest of principal of loan of case of Zhang San experience and corresponding accrual, exceed the time limit; A company is right of Li Si before narrate pay compulsory Xiang Yuan accuses Zhang Sancheng to carry additional liability to pay compensation.

After adjudging, bilateral party all did not put forward to appeal, court decision already become effective.

Small make up a phone to connect a line of this case undertake judge Kong Yanping, letting us listen to a judge is how analyse this law case.

Q aperture judge, did P2P platform release false information to disobey those law to set?

A our country " contract law " the 425th regulation, between two parties person ought to be concerned conclude the item of the contract reports according to the facts to client. The net shirks the obligation with the mainest platform is information exposure obligation. The information that borrows platform for farther normative net announces action, " activity of business of orgnaization of leasehold message medium manages the network temporary measure " formulary net borrows platform " basis law laws and regulations and contract agreement are what lender and borrower provide direct and leasehold information to collect arrange, discriminate choose, release on the net " , " strengthen information to show the work, guide lender to share a network with small and dispersive means leasehold, ensure lender is sufficient know is leasehold risk " . In addition, silver-colored inspect can be released on August 24, 2017 " news of activity of business of orgnaization of leasehold message medium shows the network how-to " , frequency of time of the specific item that made clear a net to borrow platform to ought to be announced, exposure, exposure second reach the information such as exposure object.

What information should platform of Q that P2P disclose?

A net borrows platform to should disclose the following content: One, the network is leasehold the information of oneself of message medium orgnaization, include to put on record, organization, manage, the information such as the contract; 2, lend paragraph project basic message, include borrower basic message, item is main information (include loan to assure circumstance) , the risk result that project venture reviews make allowance for to may arise; 3, announce loan project to concern information continuously, the capital that basically is the borrower after loan contract is signed is applied reach oneself to run message, involve the major news of respect of borrower reimbursement ability especially.

Q platform disobeyed information to disclose obligation, specific how should assume responsibility?

A " contract law " the 425th the 2nd section provision: "Between two parties person conceals as important as what conclude the contract is concerned fact intentionally to perhaps provide false case, harm client interest, must not ask to pay reward and ought to assume damages responsibility " . The net that serves as between two parties person borrows platform to assume damages responsibility to should have the following requirement: The first, the net borrows platform information to show an error; The 2nd, caused client (it is lender commonly) occurrence loss; The 3rd, the action that the loss of lender and net shift platform is had causal.

In this case, p2P platform is in the network is leasehold in part of appropriative message medium, its do not belong to alone or collective infringer, borrower break a contact just is the immediate cause that causes lender capital damage. Accordingly, lender does not enjoy independence to request authority to P2P platform, the ability when its loss needs to wait for lender to cannot be compensated for entirely is affirmatory, reason P2P platform announces the damages responsibility that false information assumes to should be additional duty.

Additional duty is responsibility person can't compensate for some behavior in behavior him person when be caused by is damaged, be not worth the liability to pay compensation that assumes partly with respect to its. Its responsibility main body is 2 people above. Additional duty is had a sex. Some beards in many responsibility main body assume responsibility first, have a plenty of prevenient responsibility main body cannot incapable perhaps the ability when assuming responsibility assumes responsibility, if person of before one ordinal responsibility had assumed full responsibility, criterion hind person of one ordinal responsibility need not assume responsibility.

Still be that word, the net is borrowed have a risk, investment wants discretion!

If touch the net that gets on this kind to release false information to borrow platform really, with respect to need we know a law to know a way, the weapon that takes law protects his legitimate rights and interests!

Responsibility edits | Qiu Yue