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A Study on the Effect of Agreement of Contract and Management of Limited Liability Company

Author: ZengRui
Tutor: LiShuangYuan
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: the Limited Liability Company agreement of contract and management effectiveness
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 43
Quote: 0
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Abstract


There are lots of contracts in limited liability company on the contracted management in our country’s present in the practice of corporate governance, but our laws have no rules about the effect of these contracts. As a result, the effect of contract presents different results in the judicial practice. This paper analysis the history, concept, content and characteristics of the contract and management agreement whose legality and rationality are analysis from Contract Law to Company Law.It is important for us to affirm the effect of the contract and management agreement in limited liability company. After introducing the company system, theorists in our country advocate decentralized authority to so certain degree that they have not paid attention to the contracted company which exist much in realistic social. As a result, there is no law which should play an important role in the contract and management agreement. And the contract and management agreement which develop in an unordered way causes many issue influencing the social stabilization and the economic development. Through anglicizing the basic sprit of Company Law and Contract Law, we could affirm the effect of the contract and management agreement. On the other hand, this paper compares the western cultural tradition with ours to raise a conclusion that this contract presents valid. In the basic of the state of contract’s prosperity, this paper tries to give some suggestions about how to perfect the contracted system from mainstay, form, content of the contract and management agreement to the effect of the contract and management agreement. We should admit the effect of the contract and try our best to perfect this system by law. The law must pay more attention to the contract and management agreement which is opposite to the modern corporate system. If the law plays a role in the contract and management agreement, the contract will get an environment which is useful for the development of the contract.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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