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Articles of Association the effectiveness of research

Author: HuangLiang
Tutor: WangYuMei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: The articles of association effect Theoretical basis Scope of their effects Peremptory norms
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 294
Quote: 0
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Abstract


The articles of association is the Company Law and practice in basic areas , its effectiveness is the core . Company Law academic study of the effectiveness of the Articles of Association is still significantly less than the many problems yet to sort out , the law is no system sound , it is difficult to provide adequate information . This paper introduces and comments on the doctrine of the same time , emphasizing the interpretation of existing legislation , and of relevant national and regional legislation , the purpose of construction of system theory, and improve the effectiveness of the Articles of Association in order to provide a theoretical basis for the legislation and practice to help solve problems in reality . In this paper a total of three chapters, is organized as follows : The first chapter discusses the theoretical basis of the effectiveness of the Articles of Association , namely the nature of the company 's articles of association . The main contract and self-government rules , said the analysis of the two doctrines of their respective merits and deficiencies in this chapter, combined with the existing provisions of the Companies Act , that must be a combination of both to the nature of the company 's articles of association more complete on the nature of his doctrine of the Articles of Association understanding. The second chapter discusses the scope of the effectiveness of the Articles of Association . The scope of the effectiveness of the Articles of Association is divided into three aspects of time range, the range of issues and the scope of objects . This chapter discusses the range of the commencement point . Discusses the scope of the matters , of a variety of file records and articles of association of the same subject matter conflict , and how the relationship . Discusses the scope of objects , of the effectiveness of the Articles of Association and in which the main , these subjects according to the articles of association enjoyed the right to bear what obligations . The third chapter discusses the effectiveness of the articles of association and company law, peremptory norms of relations . First, to explore the peremptory norms of the standard identified the Companies Act , and as a basis to further explore the application of these standards in determining the absolutely necessary items recorded on specification . And then discusses the peremptory norms of the consequences of the articles of association in violation of the Companies Act , with particular emphasis on the civil liability of the articles of association is not valid . Finally, foreign legislation and our requirements compared to explore the company 's articles of association in violation of the Companies Act peremptory norms of relief system on the construction of our system , in principle recommendations .

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