More recently the home of things, the blog has not updated in a timely manner, also please you to forgive me!

 Just took over a loan dispute, namely bank entrust loan dispute, I will the case and the problems encountered in detail for everybody, hope to help!

  The case:

 My client (hereinafter referred to as a unit) through a bank (hereinafter referred to as B Bank), will be a huge sum of money lent C units, the loan maturity, C is not able to repay the principal and interest, constitute a breach of contract, a unit to solve the problem through litigation C money back. Just took over, feel the case is very simple, is not a loan contract dispute it! But in the process of writing complaint, I had a big problem.

  The problem:

 1 the plaintiff and the defendant

  The case and theory article summary query:

  One view: a unit and B silver behavior contract relationship, bank B and C units for the relationship of loan contract, so a unit and the propylene unit has no direct legal relationship, a unit of no prosecution C the qualification of the unit, the only bank B can sue propylene units.

  Two point of view: a unit and B silver behavior contract relationship, B Bank as trustee, its behavior as a unit of behavior, the real loan contract relation between a unit and the propylene unit, a unit has the right to direct the prosecution C units, for propylene units timely repayment of loans. If B banks in the performance of existing fault of fiduciary duty process, a unit of B bank charged with principal-agent relationship.

 Three point of view:How to determine the main proceedings, shall be specific and review the contract, if it is a unit with the signing of a loan agreement with the bank B, B and C unit bank signed the loan contract (a not involved in the loan contract signed), be based on 96 years of the Supreme Court's reply, Xian Youyi bank against propylene units, if B Bank insisted not to prosecute, a unit to B Bank as a defendant, propylene units for Sue third people; if it is signed a unit, bank B, C units the three loan contracts, according to contract law about the principal right of intervention rules, a unit can direct the prosecution C units.

 2 this Agreement and bloggers view:

 1.The signing of the agreement: a unit and B Bank signed the "entrusted loan agreement", a unit as principal, B banks as lenders, propylene units as borrowers, three parties signed the "loan contract".

 2.Bloggers view: the Bo main, according to the agreement, the case should apply the "provisions on the principal power in the contract law", which is a unit has the right to bring a lawsuit propylene units directly, the timely return of the loan principal and interest.

 3.The bloggers questions:

 The first: because the use of B to C bank borrowing and returning unit clearer, and guarantee property mortgages in the B bank name, if B Bank not to participate in the litigation, the facts of the case is not easy to investigate, and how to realize the mortgage right is put in doubt?

 Second: to safeguard the interests of my client a unit of less favorable, as the realization of the mortgage has obstacles, if B Bank has fault, and C and unable to repay loan conditions, equal to the leakage column the main defendant.

 Third: I want to list B Bank and propylene units for the co defendant, but because of the legal relationship between the parties and I two a unit of different, one is the principal-agent relationship, a lending relationship, whether as a co defendant, there seems to be obstacles in law! (but in practice there are many cases are so column)

 Fourth: can I column C units as a defendant, B Bank for third people? But B Bank is only third people, or third party without independent claim, blogger, and doubt, and bloggers query case no such columns.

  We would like to have an expert to give advice, by the way, I'm Tianjin, be placed in two of the hospital, if there is a practice of friends, please generous with your criticism!

  The first no scheme, namely my client would not let B Bank to prosecute, if they don't all things, even after winning the right to get is empty, still want to prosecute, and preservation of propylene units of property, ha ha!