 Wysłany: Pią 14:26, 01 Kwi 2011 Temat postu: ralph lauren sale Futures Exchange and the civil l |
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The relationship between clearing members or their customers to provide a guarantee. , resulting in the loss of customers, how customers claim rights? speaking from the legal relationship, because the client and the broker futures brokerage company is a relationship between the futures brokerage firm is in its own name in the Futures Exchange in futures, futures only negative have on the company's performance bond futures brokerage responsibilities, the responsibility of the customer does not have the performance bond,ralph lauren sale, so customers no right to direct prosecution had no legal relationship with their futures. but only through the futures brokerage firm claiming rights to the Futures Exchange, the [ ,],[Futures Exchange, or neglect to perform his duties, does not actively claim rights to the futures exchanges, even when the client requests the claim on behalf of the rights to the Futures Exchange, the futures brokerage firm to stand still. In this case, the customer rights can not be effectively protected. I believe that, when the futures brokerage firm on behalf of clients refused to claim rights to the Futures Exchange, customers can directly sue futures exchanges, futures brokerage companies shall participate in the proceedings as a third. Second, the negative Futures Exchange promising customers guaranteed delivery functions. According to a series of standards of conduct be provided by the futures exchange. delivery warehouse is registered by the ranking of futures for physical delivery of futures contracts specify delivery locations. According to futures trading rules and the designated warehouse management regulations, futures The bears scrutiny of warehouse delivery, checks and conduct supervision and management responsibilities. futures brokerage companies in the physical delivery in case of default, the futures exchanges should ensure that the performance of futures contracts. specifically manifested in two aspects: one During the period in the futures contract,polo shirts, the buyer or seller customer default, the futures exchange on behalf of the defaulting party shall futures brokerage firm to the other party to fulfill futures contracts. Futures on behalf of the futures brokerage firms not to perform a futures contract, shall be liable for breach of contract. FUTURES brokers based on customer request, to claim the rights Futures Exchange. Second, although delivery warehouse warehouse receipt system produced, that the legal relations between the parties storage system warehouse and customer delivery, but the futures market plays a physical delivery performance for the delivery warehouse security role. When the delivery warehouse in futures trading rules can not be within the prescribed period, holders of warehouse receipts to the standard delivery of the goods meet the requirements of futures contracts, resulting in the loss of standard warehouse receipt holder, futures exchanges should bear on the delivery warehouse responsibility jointly and severally liable. that is, when there can not be delivered on schedule delivery warehouse the goods specified in warehouse receipts, or delivery of the goods did not meet quality standards, breach of contract, the futures exchange's performance as a guarantor of physical delivery, should be held to the warehouse receipts It was delivered on behalf of, or any penalty. (c) civil liability for breach of contract and tort competing futures exchanges in violation of the constitution and business rules of their service delivery,nike shoes sale, performance guarantees and other obligations, in many cases the one hand, the Futures Exchange The two sides agreed upon a breach of contract for breach of duty, on the other hand because of the behavior of an act or omission resulted in the futures brokerage firm's violation of property rights, constitute the civil tort. If insufficient margin trading futures broker, futures are not in accordance with the contract obligation to notify the margin performance, resulting in the loss of futures brokerage companies to expand; futures positions not forced by the conditions agreed upon, time,mbt zapatos, manner forced open, causing the loss of futures brokerage firms, as well as the amount of force was significantly higher than that of open margin futures brokerage companies need the amount of open positions because of excessive economic loss caused by the futures brokerage firm; caused by the fault of the Futures Exchange information release, trade order processing error, causing direct economic losses of futures brokerage companies, etc., constitutes a futures The breach of contract and infringement of civil liability actually together. for breach of contract and tort competing civil liability, under the General Principles of Civil Law or in accordance with legal requirements and other futures exchanges to tort liability. to maximize the realization of their rights to be. (Author: Chinese People's University Law School) More articles related to topics： Tory Burch outlet Worry about the red hot world si CPC's external relations newsletter ( Aug. 16 -9 15 May) _1338 scarpe mbt The real charm of the Swiss _2095 |
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