Dissertation > Excellent graduate degree dissertation topics show

Abstract

Like other business organizations, the company has to go through three basic stages of its life cycle: establishment, survival and dead. As the human element in three elements of company establishment, the sponsor is the key point of the company establishment. Every country sets up the company sponsor liability institution by legislation to protect the sound personality of the company and the stability of the market economy order.This thesis is based on Chinese current company sponsor civil liability institution legislation situation, and the writer analyzes the system content shortage and lacking of related system problem for setting up a completed and systemic company sponsor civil liability institution. The thesis is organized in the light of different company establishing results leading different sponsor liabilities, using positivism methods and comparative methods. It discourses what civil liability the sponsor should carry and gives suggestions in Chinese sponsor civil liability system perfecting. This thesis is made up of foreword, main body of the thesis, and concluding remarks. The main body includes four chapters.Because of the company’s important status in the market economy, the writer analysis that the sponsor’s establishing behavior has great impact on the future company and other independent businesses in the forward.“The Company Law of the People’s Republic of China”(hereinafter called "the Company Law") and“Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Company Law of the People’s Republic of China (III)”(hereinafter“The No.3 Company Law Judicial Interpretation”) both contribute in building up Chinese company sponsor liability system. The research scope of this thesis is limited in the sponsor’s civil liability.In Chapter One, the writer introduces concepts such as company establishment, the company sponsor and the sponsor agreement. Company establishment is all the actions made by sponsors before the company registered. The aim is to get the capacity as a subject of law. The company sponsor has to be qualified and there is a quantity limitation as well. The sponsor begins the company establishing process by reaching the sponsor agreement. The nature of the sponsor agreement is the partnership agreement, which influences the status of the sponsor and relating civil liability.In Chapter Two, the writer studies the legal characteristic of the sponsors’company establishing behavior and the sponsors’status, which decide the reason why the sponsor should take relevant civil liability and how does the sponsor take this liability. The sponsor’s liability can be different according to different opposite parties. The sponsor takes joint liability inside. As a group, sponsors act as the execution organization of the establishing corporation.In Chapter Three, the writer describes the characteristic of the sponsor civil liability. The sponsor’s civil liability is different, when the company is registered successfully or not. When the company establishment is failed, the sponsor civil liability mainly includes credit liability and tort liability. If the company is registered successfully, besides the two kinds of liability mentioned above, the sponsor is liable for the real right liability---capital providing liability as well.In the last Chapter, the writer describes the contribution and limitation of“the Company Law”and“the No.3 Company Law Judicial Interpretation”. The writer also makes suggestions on how to perfect the sponsor civil liability institution. China shall perfect the company sponsor civil liability institution by legislation and constructing related supporting systems.

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net Mobile

Research on Chinese Sponsors’ Civil Liability

Abstract

Related Dissertations