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The Research on the System of Incorporated Foundation Council

Author: LuoZuo
Tutor: XiaoHaiJun
School: Hunan University
Course: Law
Keywords: Incorporated Foundation Council Regulation Breach of trustFiduciary obligation
CLC: D913
Type: Master's thesis
Year: 2013
Downloads: 26
Quote: 0
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Abstract


As the most basic and important type of Juristische person in traditional civilsystem, Incorporated Foundation originates from Roman law times. In civil law ofGermany, Switzerland, Italy all contain the prescripts of Incorporated Foundation. InOur country’s law, we don’t take this type of Juristische person now, but Foundationand Jurishische person typed private nonprofit organization has similar function asIncorporated Foundation. I think the concept and system of Incorporated Foundationshould be taken and introduced into China’s feature civil code. IncorporatedFoundation is based on property when it sets up. And Incorporated Foundation isdifferent from juridical associations which don’t have the authority organ like holders’meeting. So the council has much power than other organizations in IncorporatedFoundation. So we should restrict the council’s right and power in order to let thecouncil play better role in Incorporated Foundation. This requires more self-restraintsupervision in board of directors. Through the Foundation’s charter which restrict andlimit on the right of the Foundation board of directors. At the same time, the lawshould also clear the status of the council, that avoid the puppet of the board ofdirectors, in order to play the better supervisory role, to complete the internal monitorcompliance.So we should put the council system in the first place, and scientificallyset its rights and responsibilities and clear its specific interest limits standard andresponsibility standard which try to set up a set of scientific management andreasonable system and working orderly system for council to ensure the correct use ofsocial resources, to maintain social harmony and stability, to play their own uniquevalue. Conclusion, the perfect supervision mechanism makes better Foundation.

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