Category: Money tips Release Date: 2007-07-09
Wholeheartedly Editor:
I open an account in a securities business department to conduct stock transactions, Sunmou in the securities business department to open studios, claiming that his own good relationship with the broker, can provide timely information on dark horse stock. In 2003, he begged me introduce some friends to the securities business departments operating stocks, so I introduced the white one did Sunmou customers. Sun Mou and white one signed between the "operational power of attorney" and its delegated powers, as follows: Sunmou full use of White a certain stock trading accounts and capital accounts. In the authorization and the authorized signatures the same time, the securities trading business department manager has also signed his name. Day, the white of a 350,000 yuan deposit in the accounts of funds.
A month later, the Sun Mou's operation, a white capital reduced by 4 million, so Sun Mou-and-white of a quarrel took place, requiring that their damages. Sunmou alternative, will be entrusted into the relationship between borrowing and issuing of an IOU, specifying certain loans to the White Sunmou 350,000 yuan, plus interest of 20000. As the white one to guarantee, so Sunmou told me he had a number of property and sources of funding, invited me to his sponsor. Can be Shuiliao to Six months later, this 35 yuan was Sunmou are operating, only about 15 million. Two Soon, white one will be to borrow the name of Sun Mou and I have filed a lawsuit, asking me to jointly and severally liable. In court, the original defendant, the relationship between the two sides on the loan and guarantee letter of a heated debate on the grounds of insufficient evidence Court of First Instance rejected the defendant's views and the relationship between the borrower relationship and secured a ruling Sunmou more than 180,000 yuan to pay White, I jointly and severally liable. In the appeal, the court of second instance upheld the conviction. But in execution, only to find Sunmou did not have much property, the remarks are deceiving me, the purpose was to me as his sponsor. The court did not find enough property name Sunmou cases, sold shares in my name, in the realization simply deduct the money after the implementation of all the money for more than 18 million, these amounts except in some of my savings addition, most of my brothers and sisters from the fund-raising comes at. I can only prosecute Sunmou forced to borrow money, the court ruling allowed the return of the money I paid, legal fees and enforcement costs, a total of 20 million. Two Despite winning a lawsuit, but failed to implement the Sunmou of the penny, I doubt Sunmou transfer funds, but by a lack of evidence, the court can only be suspended. As far as I know, Sunmou studio has been set up to support the sales department (because Sunmou received a commission refund), in the process, the securities business department there would be no responsibility? I went to the Ministry of reasoning securities business, are excluded. Is really no way out, you help me think of way?
Guangdong Luoweiluowei reader:
Hello! You are involved in cases, such as jointly and severally liable for the entry into force in accordance with the court decision to carry out, from the implementation point of view, the Court's approach is in line with China's relevant provisions of the Civil Procedure Law. However, the case of the trial, the legal profession believe that there are still veteran of the office could be explored.
Yan Song a lawyer that the handling of the case in accordance with the legal relationship lending and guarantees to carry out the legal relationship, from the IOUs, and guarantees as the fundamental basis for dealing with the case concerned, the surface sentence inappropriate. But in fact the borrower and guarantees of legal relationship, there is a fundamental legal relationship that the principal-agent agent stocks legal relations, IOU, and guarantees are not loans and guarantees of the legal consequences of legal relations, but the legal consequences of legal relations agency . In this case, obviously with the securities trading activities, the principal and the trustee of a dispute arising between the cases. In this sense, you should continue to appeal to require a retrial.
The securities business department should assume a certain degree of legal responsibility. Within its jurisdiction to open studios are strictly the responsibility of managing the creation of studio people and others to sign a large number of principal-agent contract, agent operating stocks huge amounts of money, profit or loss big stock trading to earn commissions at the same time lead to prejudice the interests of the commissioning party has had serious losses, which appears to exist violated laws. The securities business department and part of it knows Sunmou knowing that a conflict exists under the premise of irregularities, there is no effective control over its development, did not they should bear the corresponding management responsibility? Moreover, if there is a commission and financing of the return of the securities business department responsibility is even greater. In this sense, the securities business department should also bear some responsibility to you to make appropriate compensation.
If Sunmou in the transfer or concealment of assets, behavior, serious consequences should be held criminally responsible. China's criminal law provides that the People's Court, ruled ability to perform but refuses to carry out, the circumstances are serious, punishable by three years of fixed-term imprisonment, criminal detention or a fine. It also provides, concealment, transfer, sell, and deliberately destroyed the judiciary has been sealed, seizure, freezing of property, the circumstances are serious, three-year fixed-term imprisonment, criminal detention or a fine. From this perspective, you should actively provide the court with Sunmou clues and proof of property there, so that both safeguard their own interests, but also can right the sanctions illegal and criminal acts by law.
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