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The Study on Corporation Deadlock

Author: LiYuRong
Tutor: XiaYaLi
School: Xiamen University
Course: Legal
Keywords: companies Corporation deadlock Company Law
CLC: D922.291.91
Type: Master's thesis
Year: 2007
Downloads: 59
Quote: 0
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Abstract


In the company operation practice, the occurrence of corporation deadlock is assuming an unceasing trend of escalation, which causes the normal operation of company at a standstill, and benefit damage of the shareholders. What’s more important is that their investment might be at great risk. Therefore, studying on the reasons of corporation deadlock in companies and improvement on relieving corporate deadlock are not only responded to the needs of practice, but also the needs to improve "Company Law" theory.This paper is therefore consisted of three parts, in which some theoretical and practical issues about corporation deadlock are discussed.PartⅠ: Introduction to the company deadlock. In this part includes the definition of corporation deadlock, its feature of main body confrontation, serious malfunction of the operation mechanism and the sustained state. Then patterns of corporation deadlock are classified according to different standards. Based on the above, the violation against the interests of company shareholders and the related is analysed. In addition, this part are mainly introduces the legislation and practice of corporation deadlock overseas, which can be divided into judicial methods such as, mandatory dissolution and non-judicial ones as the arrangement of company regulation or the alternative dissolution.PartⅡ: The causes and legislative defects of corporation deadlock in Chinese companies. Some reasons are set forth and a profound analysis on legislative shortcomings in corporation deadlock system in the new "Company Law" of our country is given. The analysis and exposition lay a foundation for seeking the salvation of corporate deadlock.PartⅢ: Law countermeasures to reasons of corporation deadlock in China. Based on the analysis of Part II, some proposals on legislation and justice to solve corporate deadlock are put forward, which includes improving company regulations, the relevant legislative provisions of "Company Law", establishing and improving other alternative relief measures required.The paper mainly focuses on the third part. Its innovation lies in a detailed analysis on the "Company Law" with regard to the relevant legislative provisions of the corporation deadlock, which puts legislative articles into use, and is more operable.

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