Two people don't vote for the project.

As a result, I lost everything. ......

Because I also signed an investment capital preservation agreement,

One of them thinks that investment is risk-free. ......

Two years ago, Mr. Chen took a fancy to an investment project with an expected annual return of 20%. Considering the lack of funds at hand, Lao Chen asked his friend Lao Wang to discuss investment matters. After listening to Lao Chen's introduction to the project, Lao Wang decided to invest RMB 6.5438+0 million to join Lao Chen's investment project for two years.

The two sides signed an investment capital preservation agreement, stipulating that the investment income of the project will be divided into 50-50. If the project loses money, Mr. Chen promises to return Lao Wang's investment of 6,543,800 yuan, plus the corresponding interest calculated according to the bank's loan interest rate for the same period. Lao Wang thought that the agreement was in hand and felt that the capital preservation investment was foolproof, so he didn't ask more about the project.

Soon the two-year investment period will expire, but Lao Chen told Lao Wang that due to the influence of external market conditions, the book balance of this investment is only a few.

Mr. Chen thinks:

Investment has risks, and risks need to be shared. The original capital preservation investment agreement was obviously unfair and invalid, and he would not return the lost principal to Lao Wang.

Lao Wang thinks:

The original investment was also based on the trust in Mr. Chen. Now that Mr. Chen has gone back on his word, let's not talk about mutual affection. Just follow this investment capital preservation agreement. Lao Wang found a lawyer and wanted to sue Lao Chen for returning the investment principal and asking for the corresponding interest.

In this regard, lawyer Hu Guihong of Zhejiang Fajun Law Firm said that at present, local courts still hold different views on the effectiveness of investment capital preservation agreements in judicial practice.

Judging from the trial orientation of provincial courts, the mainstream view holds that the spirit of commercial contract should be respected. This kind of agreement is an agreement reached voluntarily by two equal civil subjects in order to clarify the rights and obligations of both parties. One party to the contract voluntarily gives the other party the capital preservation income, which neither violates the mandatory provisions of the law nor harms the interests of the third party, and there is no evidence that the above agreement violates the true intention of the parties at that time and should be effective. All parties should perform according to the contract.

In this regard, in the above case, the investment capital preservation agreement signed by Lao Wang and Lao Chen is a voluntary agreement, and the contract also records the terms that Lao Chen is willing to return Lao Wang's investment funds and interest if the project loses money. Lawyers believe that the court should support Lao Wang's request for Lao Chen to return the principal and corresponding interest.

Lawyer reminds

The parties engaged in commercial investment and financing activities are generally rational economic persons. Compared with ordinary civil parties, they should pay more attention to the realization of market trading rules and expected interests. Before making a decision, all parties should fully consider their own risk tolerance and do a good job in cost-benefit accounting. Once a promise is made, we must adhere to the principle of good faith, attach importance to the spirit of contract, and assume the rights and obligations stipulated in the contract.

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