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Deadlock and judicial relief system

Author: LiuZuo
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: corporation deadlock judicial remedies judicial dissolution appraisal right
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 156
Quote: 1
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Abstract


Corporate deadlocks are often generated in the practice of cooperation limited companies,while as to the definition of the corporate deadlocks there is no certain explanation and relevant provisions set in China’s company law.Following a concise and common thinking way of"asking questions, studying and resolving problems",the whole paper studies the issue of the corporation deadlock and judicial remedies in detail.The paper contains three parts.Part one,the conspectus of judicial dissolution system of enterprises. This paper presenting from the concept of corporate deadlocks deems that the deadlocks with four characters.With the deepen discussion on the reasons for causing the deadlocks,this articles believes what results in the corporate deadlocks is the close operation of the corporate limited, limitation of the shares majority.Essentially,the lose of the main character of the corporate limited,which may not only damage the shareholders,corporate and the creditor,but have negative influence on the market and social stability.The formation of judicial remedies is helpful for solving the deadlocks,relieving the social confliction and carrying out the idea of democracv.For different types of deadlocks,the attitude adopted should be different also.And the judicial remedies should be processed under the following principles:maximum of the main business body maintenance,justice of the shareholders suit and overall consideration for the post affairs.Part two,the study of judicial remedies system of enterprises in comparative law.As a very important type remedies been stipulated in many judicial countries.And it has already established achievements of operated for more than one hundred years,with rich theory and practice. We can draw a lot of beneficial inspiration from reviewing judicial remedies in comparative law.Although each country has their different legislation concerning judicial remedies of enterprises.There are a lot of commons insisting on principles of caution adopting in.For example,as for subject of fight of application of litigation for judicial dissolution,it introduces limitations of qualifications of subjects.As for application causes in fact,foreign corporate legislations all confine causes in fact of remedies to that the existence of the enterprise or its behavior does harm to social interests and seriously affects interests of shareholders and it is difficult to coordinate.Foreign corporate legislations all establish the principle of limitation to decision of dissolution of enterprises,that is,the decision of dissolution of enterprises shall be the last choice after trying all possible relief,like compulsory transfer of stock ownership and so on. The enlightenment is worth our drawing lessons from.Part three,the judicial analysis of judicial dissolution system in our Country.Judicial dissolution of enterprises is one of the remedy of shareholder’s right.The enterprise cannot use its judicial power to relieve rights of shareholders and timely correct operation when the existence of the enterprise is in illegal state or there is shareholder pressure or deadlock in the enterprise and therefore interests of the enterprise are or will be damaged seriously.No.183 has a definite rule in revised Company Laws,dated on October 27 of 2005 concerning court verdict for company disbandment.But this stipulation is so superficial without systematic operation procedure and the route to relieve right is single that it is difficult to realize the effectiveness and punctuality of judicial remedy.The latest judicial explanation,dated on May 5 of 2008, definitely rules the processors of the judicial dissolution.Legislation serves for the judicial practice for the purpose.So it is significant to research of these problems in the judicial practice of judicial dissolution of enterprises.There are many problems in the judicial practice of judicial dissolution of enterprises,including the nature of action,the jurisdiction, plaintiff qualification,defendant qualification,legal reasons of dissolution suit,the limitation of dissolution system misuse,remedy measures,corporation liquidation after judicial dissolution of enterprises and so on.

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