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2015 cases of Chinese courts financial disputes

"2015 cases of Chinese courts · financial disputes" is a book published by China Legal Publishing House in March 2015. The author is the case development and research center of national judge college.

content validity

The cases selected in 2015 cases of Chinese courts financial disputes are all excellent cases selected from typical cases reported by the national judge college in 2014, which comprehensively covers the common disputes in this field. The case is concise, and the trial judge carefully writes the gist of the judgment and the judge's postscript, which has strong readability and applicability. It can help readers save the time to find and read the case, and obtain really useful information. It is a necessary reference book for judges, prosecutors, law enforcement officers, lawyers, legal advisers to handle relevant cases and the parties to the case to deal with disputes.

About the author

The case development and research center of National College of judges has published a series of well-known cases in China for 20 years. Since 2012, it has launched a series of cases in China's courts of the year, aiming to explore new methods and models of cases, so as to make up for the inadequacy of current cases.

Book catalogue

1、 Bank card dispute

（1） Debit card dispute

1. Should the acquiring bank bear the responsibility for the stolen bank card

——Yang long v. China Construction Bank Dongguan new century sub branch debit card case

2. The identification of legal liability after the magnetic stripe bank card is stolen

——Deng Li and Bank of Communications Co., Ltd. Beijing Dawang road sub branch savings deposit contract case

3. Should the bank be liable for the theft of the customer's bank card

——Wu Chuntian v. Ningyuan County post office and other savings deposit contract cases

4. Bearing the civil liability after the bank card is stolen

——Zhan wubin v. bank card case of industrial and Commercial Bank of China Limited Shanghai Xujiahui sub branch

5. Who is responsible for the stolen bank card

——Chen Huimin v. China Construction Bank Co., Ltd. Beijing branch savings deposit contract case

6. There is no evidence to prove that the cardholder has significant influence on the leakage of password in the case of using counterfeit card to swipe the savings card

In case of negligence, the bank shall be liable for compensation

——Case of Liu Qi suing Beijing Branch of China Construction Bank Co., Ltd

（2） Credit card dispute

7. Does the bank have to bear the responsibility for the loss caused by the illegal swiping of the credit card beyond the original limit after increasing the credit line by itself

——Wang Mao v. ICBC Peony Card Center credit card case

2、 Disputes over savings deposit contract

8. Fault identification and responsibility of "clone card" transaction cases

——Case of sun Minghui suing Agricultural Bank of China Limited Xinmin City sub branch for Savings Contract

9. Judicial review of bank's charge for depositor's printing bill

——Wang Yan v. Citibank (China) Co., Ltd. Beijing Asian Games Village sub branch savings deposit contract case

10. Determination of the Examination Obligation of the savings institution in the deposit contract

——Zhang Ping v. China Construction Bank Co., Ltd. Yihuang sub branch deposit contract case

11. The burden of proof in the dispute of deposit amount on ATM

——Case of Wang suing industrial and Commercial Bank of China Limited Beijing Taoranting sub branch for savings deposit contract

3、 Financial loan contract dispute

（1） Financial loan contract guarantee

12. Limitation of action of joint guarantee liability

——ABC Beijing Branch v. xingdongfang company and other financial loan contracts

13. Confirmation of guaranty contract with termination conditions

——China Construction Bank Co., Ltd. Beijing Zhongguancun Branch v. Li Zhu, Beijing Jinyuan Hongda Real Estate Co., Ltd. and other financial loan contracts

——Hunan Huitong rural commercial bank v. Ouyang Hua and Ouyang Keyao financial loan contract

15. Judicial application of contract relativity

——Shilin Yi Autonomous County Rural Credit Cooperative Association v. he yunfen and other financial loan contract cases

16. The difference between guarantee period and limitation of action

——Zaoqiang rural credit cooperative association v. Wang Shuai and other financial loan contract cases

17. Effectiveness and order of performance of repurchase guarantee liability

——Case of Bank of Hubei Co., Ltd. Yichang Huandong sub branch v. Li Nianhai and other financial loan contracts

18. Validity of contract for illegal loan

——Hubei Zigui Rural Commercial Bank Co., Ltd. v. Zhang Chengqun financial loan contract case

19. Is the mortgage right established after the registration of house change by forging divorce agreement valid

——Jiangsu Qidong rural commercial bank Co., Ltd. Shaozhi sub branch v. Tang Jiandong financial loan contract case

20. Is it a "loan for loan" to borrow bridge funds to repay the old with the new

——Yinquan sub branch of Jiangsu Rudong Rural Commercial Bank Co., Ltd. v. Nantong brilliant color steel plate Co., Ltd. and other financial loan contracts

21. Legal liability of nominal Borrower

——Jinan Branch of Bank of Qingdao Co., Ltd. v. Li Fengling and other financial loan contracts

22. Whether the housing advance notice registration can give priority to compensation

——Weihai gaoqu rongyitong small loan Co., Ltd. v. Yue Xiaoping financial loan contract case

23. Burden of proof on the authenticity of guarantee contract

——Shandong Anqiu Rural Commercial Bank Co., Ltd. v. Li Qiuxia and Gao Zhenquan

24. Otherness of limitation of action for joint and several debts

——Zaozhuang City Shizhong District Rural Credit Cooperative Association Shuiguo credit cooperative v. Wang Yilong and other financial loan contract cases

25. The guarantor's guarantee liability when he dies during the guarantee period

——Guangdong Jieyang Rural Commercial Bank Co., Ltd. v. Chen Yichuan and other financial loan contracts

26. The effect of the notice of real estate mortgage

——Huilai rural credit cooperative association v. Huang tiaodee and Huilai De'an special aquatic products Co., Ltd. financial loan contract case

27. The beneficiary's acceptance of the re security interest shall also be subject to corresponding restrictions

——China Minsheng Bank Co., Ltd. head office business department v. Beijing SME credit re Guarantee Co., Ltd. guarantee contract case

（2） Performance of financial loan contract

28. Different procedures of settlement agreement will produce different legal effects

——Beijing Bailong green technology enterprise corporation v. financial loan contract of Beijing urban construction and development branch of China Construction Bank Co., Ltd

——Renqiu rural credit cooperative association v. Li Zhangshu and Li Shengli financial loan contract case

30. The company's undistributed profits of the person to be enforced can be enforced

——Beijing Fengtong Xiangrui Real Estate Development Co., Ltd. and its executor, Yangzhou Runyang sub branch of Agricultural Bank of China Limited, and its executee, Yangzhou Longyao Photoelectric Technology Development Co., Ltd

31. Judicial determination of the legal liability of the business subject of bank confirmation warehouse

——Shanghai Branch of Bank of Nanjing Co., Ltd. v. Shanghai Heyu Industrial Co., Ltd. and other financial loan contracts

32. Repayment liability in case of inconsistency between the actual user and the borrower

——Postal Savings Bank of China Limited Shenyang Shayang road sub branch v. Li Fan, song Guilian and Lu Jing financial loan contract case

33. Whether the limitation of action is interrupted when the father signs the loan collection notice on his behalf

——Shaoyang suburban rural credit cooperative association v. Wang Junyi financial loan contract case

4、 Bill dispute

（1） Dispute on liability for bill damage

34. Right relief after the judgment of the right to be removed

——China Minsheng Bank Co., Ltd. Hengshui Branch v. Cangzhou Weimin cotton Co., Ltd. bill damage compensation case

35. Whether it is necessary to examine the essence of the underlying relationship when delivering the transferred instrument

——Case of Xia Juntian v. Heze Zhonglian Cement Co., Ltd

36. Right relief after the right of bill is removed

——Suzhou Heli packaging materials Co., Ltd. v. Shandong hengxinji Plastics Co., Ltd. bill damage liability case

37. After the bill is applied for the judgment of right removal by others, the legal holder can bring it up on the ground of bill damage compensation

Tort litigation

——Jiangsu Huahong Industrial Group Co., Ltd. v. Li Changying

38. Is "no longer deal with the matter" applicable to different claims

——Case of Beijing Ruilong Transportation Service Co., Ltd. suing Qianmen branch of Bank of Beijing Co., Ltd

（2） Other bill disputes

39. The burden of proof in the dispute of bill return

——Chen Xuejun v. Beijing Xingxing Weiye Stainless Steel Co., Ltd

40. It is impossible to prove whether the transaction relationship can claim the right to return the interests of the bill

——Case of Shi Zhenying v. Beijing Xingrui Mingde Automobile Sales Service Co., Ltd

41. How to determine the right of public summons of the person who lost the bill without endorsement

——Ji Jianfeng v. Shanghai Jinyu Textile Co., Ltd. bill case

42. Whether the uncertainty of the date of issue affects the validity of a bona fide holder holding a check

——Beijing Yisi Xinda Technology Co., Ltd. v. Beijing Tengfei development digital technology center bill recourse case

43. Reasons for revoking the judgment of bill ex right

——Bill case of Jiangsu Zhanfei stainless steel equipment Co., Ltd. v. Luoyang Yueda Automobile Co., Ltd

44. Public summons procedure and justifications

——Bill case of Jiangsu foreign trade and Economic Cooperation Co., Ltd. v. Shanghai wanquetang sporting goods Co., Ltd

45. Liability when Bill relationship and basic relationship are separated

——Dalian Lvshun Deye metal doors and windows Co., Ltd. v. Dalian Free Trade Zone Weiming International Trade Co., Ltd. bill payment claim case

46. The court of the defendant's domicile shall have jurisdiction over the dispute over the right to claim the return of the instrument

——Ningguo Sanfang Hengxin wear resistant Co., Ltd. v. Liyang Hefeng Chemical Co., Ltd. and other bill return claim cases

47. Identification and treatment of bank acceptance deposit

——China Minsheng Bank Co., Ltd. Shanghai Branch

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