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A Study on Corporation Manager’s Civil Liability to the Third Party

Author: YeMin
Tutor: LuoPeiXin
School: East China University of Political Science
Course: Legal
Keywords: Manager of the company Legal status Manager of obligations Civil liability
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 44
Quote: 0
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Abstract


This paper examines the civil responsibility of the manager of the company to a third party, from the level of civil and commercial law to analyze and solve the manager of the company slack, abuse of power and infringement of third party rights under special circumstances led to the bankruptcy of the company and how accountability problems. The general idea of ??this article is: based on the legal status of the company to the manager of the company, analyzing the potential obligations in the company shall be liable to the company and a third party, and shall be in breach of these obligations on the basis of a third party to assume what civil liability on the basis of the draw domestic and foreign legislation and practice, in theory basically formed a relatively basic but necessary corporate legal system, according to this system to examine, test existing manager legal norms, which the formation of a sound legal system of Chinese domestic company manager suggestions. Based on this idea, the text were made on the structure and content of the following arrangements: manager civil liability issues raised. First, define the related concepts and to spy on the manager of the civil liability of the third party be theorists often overlooked by two classic cases in this study, through the analysis of these two cases, in particular in the case of bankrupt Sanlu 300,000 children claim hopeless analysis reveals the importance and necessity of the investigated manager of third party civil liability issues; chapter through the inside and outside of the law of common law countries and civil law countries do spy deficiencies in the current legislation, the theoretical basis of practical experience for draw so as to perfect our legislation; Chapter is the legal status and obligations of the analysis manager, this chapter by analyst firm managers bear civil liability premise that the manager's position in the company and analyze other main difference with the directors of the Company and the Manager assume the obligations of the company and potential third party, in order to better distinguish between the manager should be responsible in what circumstances, bear any responsibility assumed responsibility; fourth chapter is the end of this article, the analysis of the historical evolution of the managers in the market economy under the conditions of civil liability, responsibility of rationality, the characteristics of civil liability and combined on the basis of the existing theories our actual analysis manager investigated the constituent elements of civil liability of a third person, and a brief analysis of the case presented in the paper, and finally draw the conclusions of this study, that the manager should assume what the civil liability of a third person, and analysis of the bankruptcy The manager should be non-normal state of no fault of their own on the third person to bear what responsibility ultimately put forward reasonable proposals to improve our company legislation.

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