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The Principles and Field in Allocation of Authoritative Rules and Mandatory Rules in the Company Law

Author: ZhangYanHong
Tutor: SunShuYun
School: Shanxi University
Course: Civil and Commercial Law
Keywords: Company Law Authorized Criterion Peremptory norms Configuration principle and field
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 57
Quote: 1
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Abstract


Companies Act specification as a standard, according to the possibility of change in the meaning of the parties divided into authorized norms with a peremptory norm of two categories. Disputes on Company Law norms character has always been more than, the Companies Act is based on the the authorized norms based autonomy law or peremptory norms based Control Act? Explore the core focus on one issue, where the mean of the parties in the applicable Companies Act specifications how autonomous space. The impact of corporate autonomy of the Companies Act normative structure, how to determine the the specific norms configuration field, and the specification is configured to comply with what principles to rationalize these has been a research topic timeless company legislation of each country . This paper attempts to analyzes by the relevant dispute cut from various corporate interests of the game between specific research support of our legislative system concepts, principles and areas to sort out the configuration of the Companies Act authorized peremptory norms. This paper consists of four parts: the first part is the \Start of the primary and secondary controversial issues of the Companies Act authorized peremptory norms author from history, analyze and detailed comparison of the Companies Act norms of the legal person said, the contract market failure and government failure that factions claims and defects pointed out the logic error doctrine partial in-depth thinking about the substance of the dispute, which leads this paper to solve the Companies Act regulate the specific configuration of the field with a matter of principle. The second part is to configure the basic theory of the Companies Act authorized peremptory norms. I first pointed out that the private law essential attribute of the Companies Act, but its Private Law and Public Law combined profit society combining the dual characteristics, reflected in the company's legal norms the authorized norms of peremptory norms combination . Two interdependent but can not be replaced, the Companies Act authorized norms is the main tool of the company to achieve autonomy, peremptory norms is the maintenance and protection of corporate autonomy. Benefit analysis from the start based on optimal benefits obtained authorization norms, the principle of Private Ownership Priority to be configured, fully reflects the interests of shareholders. Peremptory norms focus moderately, consider configuring the principle of the balance of interests, security and fairness. The third part of the Companies Act authorization with peremptory norms configuration, specific areas. I on the basis of detailed analysis of the Companies Act concrete theoretical content, summed up the the authorized norms of peremptory norms configuration specific field. Companies Act authorized norms reflect investment freedom, free operating range, the operation and management of the two major areas of freedom of form of management autonomy and the autonomy of the Articles of Association, the company executives. Companies Act peremptory norms mainly regulated internally strong main abuses, the issue of corporate governance impasse, and the Company's administrative process regulatory actions. Meanwhile, for the two types of companies in China's major type detailed authorization configuration analysis peremptory norms. The fourth part of the \I sure of the Companies Act 2005 authorized peremptory norms configuration breakthroughs and achievements based on proposed future company legislation to modify and improve the recommendations. The future of our company legislation should reflect a greater openness to further expand the company autonomy, clear moderate state intervention to maintain good interaction between the authorized norms of peremptory norms. Meanwhile, strict border points in the Legislative technically authorized peremptory norms.

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