Abstract
In a case of a mortgage guarantee with duly completed mortgage registration procedures on a company’s debts based on forged signatures of shareholders and falsified resolutions of the general meeting by an actual controller of the said company.
Collegial Bench: Yanzhu Gao, Xiangyang Xi and Yingxin Zhang
Edited by Yi Yang; translated by Zuoyong Liu and Yi Zheng
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Notes
- 1.
参见陈冲、丁冬: 《公司对外担保效力问题研究——基于司法裁判的分析与反思》, 载《金融法苑》2011年总第83辑, 中国金融出版社2011年版, 第144页。
- 2.
Article 807 of the Civil Code stipulates that “(w)here a contract-offering party fails to pay the price in accordance with the agreement, the contractor may demand the contract-offering party to make the payment within a reasonable period of time. Where the contract-offering party still fails to pay the price upon expiration of the said period, the contractor may negotiate with the contract-offering party to appraise the construction project, or request the people’s court to sell the project through auction in accordance with law, unless the construction project is by its nature unsuitable for appraisal or auction. The payment for the construction of the project shall be satisfied, in priority, from the appraisal or auction of the said project.”
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Gao, Y., Wang, J. (2022). Chen X v. Liang X, Sanya Huihong Tourism Development Co., Ltd.. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-16-8410-4_24
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DOI: https://doi.org/10.1007/978-981-16-8410-4_24
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