In everyday life, we except**, bondsIn addition to investment behavior, many people will also reach agreements with some companies in the market and sign them"Investment Rebate Contract".
Under normal circumstances, the investor and the company will agree in the contract"Equity".The return ratio, rebate time, rebate conditions and so on.
However, investing is risky, and some investee companies may be responsible for:The capital chain is broken, and the company is on the verge of bankruptcyand other issues, not in accordance with the provisions of the contract, timely rebates to investors.
In some cases, they will continue to default on their debts untilThe company will be cancelled after the end of the contract period of the "royalty".So that investors have nowhere to claim the rebate of the debt they deserve.
Well, some users definitely want to ask::Is the contract still valid when the creditor's rights and debts are due? Can we sue these companies in court and get our money back? ”
Don't worry, according to the current legal provisionsAbsolutely!
Here's howOur lawyersAccording toPractical examples,carried outCase introduction, case analysis and case closure ideasI believe that after reading it, you will have a more comprehensive understanding of relevant legal knowledge
1. Basic facts of the case:
On August 21, 2018, Shi and Company A, invested by Yan, signed the Sales Contract, which was valid from August 21, 2018 to August 20, 2020. The contract stipulates that after Shi's subsequent purchases from Company A reach a certain amount, Company A will return the ** royalty in proportion. After the contract was signed, Shi paid the contract money and annual management fee to Company A by bank transfer and cash.
During the performance of the contract, Shi believed that Company A had not strictly performed its obligations in accordance with the contract, and the company was deregistered on April 28, 2021 when the contract had not actually been performed. For this reason, Shi entrusted our firm to assert his rights and interests. After investigating and collecting evidence and understanding the case in detail, our lawyer communicated with the client many times and determined the idea of handling the case, and sued Yan, the legal representative and shareholder of Company A, to the court.
2. Main points of the defendant's defense:
1. The contract has expired, has not been renewed, the rights and obligations of both parties have been terminated, and the contract needs to be terminated if there is no existence.
2. The premium is the consideration for the plaintiff to obtain the right to sell, and does not need to be returned.
3. The contract stipulates that the annual management fee belongs to Company A, and the company has fulfilled its management obligations to the plaintiff, so there is no need to return the annual management fee.
4. The evidence submitted by the plaintiff could not prove that Company A had breached the contract, but proved that Company A had fulfilled its obligations.
5. The reason for the plaintiff's lawsuit was that "the purchase volume was not enough during the performance of the contract, and the ** royalty was not fully returned", which was not a breach of contract by Company A.
6. According to the principle of freedom of contract, all of the plaintiff's claims should not be supported.
3. The Court's Opinion:
1. The two parties agreed in the contract that "Company A will return the ** royalty in proportion to the follow-up purchase amount of Shi, and distribute the whole product to Shi." Due to the cancellation of Company A on April 28, 2021, the purpose of the plaintiff's contract could not be realized, and Company A should return the remaining amount to the plaintiff after deducting the returned royalties.
2. The defendant Yan, as a shareholder of Company A, failed to notify the plaintiff to declare the creditor's rights when the company was liquidated, and applied for cancellation of the company when the liquidation was not completed, which damaged the legitimate rights and interests of the plaintiff and should bear the responsibility for repaying the company's debts.
IV. Lawyers' Ideas for Handling Cases:
In civil activities, all parties shall follow the principle of good faith and maintain reasonable trust in the counterparty of the contract in accordance with this principle. Just like the above-mentioned case, although the contract involved in the case stipulates a validity period, combined with the specific contract terms such as cumulative purchase and return of ** royalties, the validity period should indicate that the parties have completed their respective contractual obligations within a certain period of time, that is, the parties to the contract should maintain trust in the counterparty based on the principle of honesty and trustworthiness, and expect them to complete their respective contractual obligations within the validity period of the contract, rather than a limited period of time for claiming creditor's rights.
Based on the available evidence, the expiration of the validity period of the contract involved in the case does not represent the end of rights and obligations, and the non-breaching party has the right to continue to request the breaching party to perform its contractual obligations and bear the liability for breach of contract within a reasonable time after the end of the validity period of the contract.
To sum up, the plaintiff Shi, with the help of our lawyer, finally succeeded in obtaining the outstanding remaining "royalty" payment of Company A, and protected its own rights and interests.
Lawyer's Tips:
"There are risks in financial management, and investment needs to be cautious".After signing a contract with the investee company, we:The terms and conditions of the contract should be carefully readAnd in timeKeep the contract details, the bank statement and the date of the rebate for the return of the "royalty".and other evidence.
If the investee company is for a long timeDefaulting on debtsEvenDeregistration of the companyIt is also possible to harm the rights and interests to which we are entitledRecourse to the law,Supervise the responsible person of the other party to complete the creditor's rights and obligations for which he should be responsible in the contract.