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Analysis of the first civil liability of the company contract the ownership of

Author: ChenBaoGui
Tutor: ZhaoXuDong
School: China University of Political Science
Course: Legal
Keywords: First company contract Company before the establishment of contract Contractual obligations Sponsor The establishment of the company Companies to set up behavior The set up is invalid
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 121
Quote: 1
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Abstract


The first corporate contracts in the establishment phase of the company, the promoters need to be set up by the representative of company and third party entered into the contract. Set up in the company not yet have legal status, not the name of the company's external transactions with the establishment of the necessary conditions for the company, promoter bound to foreign transactions, the signing of the first companies contract, such as entering into the housing rental sale and purchase, renovation or construction contracts entered into office equipment to purchase or lease contract entered into staff employment labor contract. Law in China after years of development, has been basically formed a relatively complete system, but with the market's rapid economic development, the practice of the Companies Act suited to needs and lagged behind the practice have become increasingly prominent. Its first corporate contract, civil liability provisions of the attribution is still less than perfect, there are some shortcomings and gaps, can not adapt to the trend of modern social and economic development can not achieve the maximum protection for transaction convenience, fast and efficient and to maintain the market transaction stable and reliable, an urgent need to amend, supplement and perfect. This paper attempts to analysis of the common law and civil law in some countries legislation and analysis of the inadequacy of China's legislative status quo, the validity of the contract of the first companies to set up the company's legal status and civil liability for such issues were discussed, asked the superficial suggestions of legislation, a humble contribution in order for the system of Law in China is getting more sophisticated. This article is divided into six parts, namely Introduction, body, four chapters, conclusion, and its summary are described below. Part of the Introduction: This section described the purposes of this article, the main explore objects and main contents, civil liability attributable to the importance and necessity of the research contract. The first chapter: This chapter analyzes the reasons, the first contract exists through the analysis of the scholars have different points of view, the concept definition of the first contract, and a brief analysis of its characteristics. The second chapter: this chapter entered into the contract of the first companies to use the main identity of the different promoters, to be divided to sponsor the name of the contract entered into \contracts entered into by the company on behalf of three categories, respectively, and comparative analysis of the major countries of the legislation. The body of the third chapter: This chapter of the Administration of Company Registration \The fourth chapter: This chapter describes the reason of the Law in China urgently need to revise and perfect, and the proposed legislative suggestions of values ??and thinking, the main contract for the study before the company's contract civil liability attributable to first clear a few legal concepts and legal status of the legal acts, and the establishment of attribution and the company's success in case of civil liability to civil liability attributable to the establishment of a failing case. Part of Conclusion: This section is a brief summary of the main ideas of this article, reiterating the main points of this paper.

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