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The Study on the Flaw of Corporation Foundation

Author: MeiGang
Tutor: ChenQiWei
School: Nanchang University
Course: Economic Law
Keywords: The Flaw of Foundation Reality of Legislation Legislative Perfection
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 42
Quote: 0
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Abstract


Market economy develops to such an extent today, the company contributed to the system. Company exists as a form of legal systems, has become the main body of the market economy, but also continues to promote the development of modern market economy. However, the company still did not reach the theoretical system ought to state, in reality, there are still problems, especially the company’s access to the system. Setting up a company must meet a number of conditions necessary to meet the physical requirements, but also have to comply with procedural requirements, but because of the establishment of subjective factors and objective conditions are not the same, the company set up problems occur frequently defective, the company, shareholders, creditors have caused a certain impact——the interests of the uncertainty. Therefore, in-depth study of defects in the establishment of the company, not only is important for the theoretical study of company law, also has far-reaching impact on the judicial practice of the Act. This thesis is divided into four parts. The first part is briefly introduction of the flaw of corporation foundation. The second part is deep analysis of the flaw of corporation foundation by connecting with legislation of the flaw of corporation foundation in the countries that their legal system belongs to Civil law family or Normal law family. Then, the third part is finding out the superiority and drawback of our legislation after comparing with other countries. At last, some advice on consummating our legislation on the flaw of corporation foundation.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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