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最高法典型案例:认定大型企业转移支付风险的“背靠背”条款无效
Xin Jing Bao· 2025-07-31 10:56
Group 1 - The revised "Regulations on Ensuring Payment of Small and Medium-sized Enterprises" prohibits large enterprises from using "third-party payment" as a condition for paying small and medium-sized enterprises, effectively banning "back-to-back" clauses that transfer payment risks [1] - The Supreme People's Court has ruled that "back-to-back" clauses are invalid, thereby protecting the legitimate rights and interests of small and medium-sized enterprises [1] - In a case involving a construction company and a cable company, the court ordered the construction company to pay over 1.57 million yuan to the cable company, emphasizing that the payment condition based on receiving third-party funds is unfair and violates the regulations [2] Group 2 - The construction company argued that the payment terms were legally binding and did not violate any mandatory legal provisions, but the court found otherwise [2] - The Supreme Court highlighted that large enterprises leverage their market position to shift payment risks onto smaller suppliers, which undermines fair negotiation [2] - The ruling reinforces the legal framework aimed at protecting small and medium-sized enterprises from unfair contractual practices [2]