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Research on the Protection of the Creditor Benefit in One Man Company

Author: LiHaiYan
Tutor: JinWanHong
School: Dalian Maritime University
Course: Legal
Keywords: one man company creditor’s benefit protection legal regime perfect corporation law
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 170
Quote: 1
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Abstract


One man company is refers to the corporation stock or invests belongs to completely in the sole shareholder’s company.One man company is one kind of special corporate form which developed in the 20th century,it was at first illegal setting type existence.One man company is advantageous in encouraging to invest the undertaking,the accumulated capital,the develop economy and increases the employment,its existence and the development have its historical inevitability and the important meaning.But because one man company shareholder is unitary and responsibility finiteness,which is easy to cause its only shareholder in the limited responsibility system and under the company independent personality protection, under the property rights and the management and operation unite abuse the right, seeks individual personal gain,thus increased greatly has caused the possibility of the creditor to suffer the loss.Therefore,to protect the company creditor’s benefit, reduces the transaction risk,must carry on the effective rule,s and regulations to one man company,establishes strict person of company creditors to protect the system. This article by our country new "Corporation Law " confirmed that a person of limited liability company validity is a background,take one man company law characteristic’s analysis as the breakthrough point,explains one man company’s particularity as well as one man company the impact which brings to the creditor benefit;Through to a various countries’ person of company creditor legal protection system’s comparative analysis,summarizes one man company creditor’s benefit legal protection advanced experience,the concrete research discusses our country person of company creditor benefit legal protection system’s insufficiency and the flaw,based on this and how to solve under one man company the creditor benefit protection question to carry on the elaboration,and proposed some feasible measure.By the time under the special company shape,safeguards creditor’s benefit well,maintains the transaction security. The first part is one man company outlines.This part through the inevitable analysis which to one man company’s concept,type,legal characteristic and produces, indicated that one man company.is different with the traditional company’s one special form company.May the very clear revelation:one man company’s special legal nature is needs to carry on the special rules and regulations to one man company to protect the creditor’s benefit foundation.The second part is one man company to the creditor’s benefit violation and the necessity which protects to the creditor.This part elaborated emphatically in the first part of elaboration’s foundation gives the Violation which as a result of one man company’s special legal characteristic the creditor the benefit creates.Through the last two parts of analysising summary,it have pointed out the necessity of protecting the benefits of one man company’s creditors,and will provide the powerful support for a below part of elaboration.The third part of other countries and a local person of company creditor’s rights life insurance protects buddhist law the legal system comparison.May profit from areas outside our country through this part of elaboration to one man company creditor benefit protection advanced experience,to consummate our country’s legislation to provide uses for reference.The fourth part for our country "Corporation Law " to one man company creditor’s benefit protective measures stipulation and insufficiency.This part of brief narration our country person of company to the creditor’s benefit protection’s stipulation,elaborated with emphasis our country legislates to A person company creditor benefit protection stipulation coarse and the deficiency,lays the foundation for the fifth part of legislative consummation.The last part consummates conception of our country person of company creditor’s benefit protection.This part take the third part and the fourth part as the foundation,summarizes and profits from various countries’ one man company creditor’s benefit legal protection system,thus obtains consummates our country person of company creditor benefit legal protection system’s specific measures.

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