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Legal Study on Corporation to Be Formed
Author: WangZhongQuan
Tutor: ZhangXiaoMei
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: corporation to be formed legal position division of assets contract properties balance of interests succession
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 108
Quote: 1
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Abstract
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Corporation to be formed is not a legal person. It is a transitional organization moving in the direction to a legal person. It starts when the company’s charter is enacted, and ends when the company is registered. The corporation to be formed has three features, which are transitional, purposeful, and dynamic change.There are several theories about the legal position of the corporation to be formed, such as viewing it as natural partnership; thinking it is completely independent; said it should compromise and so on. However, these view points are shortcomings. A variety of commercial organizations have the same core of the law. It is division of assets. The degree of division of the forming-company’s assets is stronger than Limited Partnership and weaker than Trust. The company’s legal personality is evolving. Company can be viewed as a contract beam. It is effective to give the corporation to be formed a relatively independent legal status. It will maximize the interests of all parties. Balance of interests is a basic method for legal analysis. It would not lead to imbalance between the interests of all parties to give the corporation to be formed a relatively independent legal status.Different countries have different legislation and judicial practice with regard to the succession of the law acts of the corporation to be formed. Our country is lack of law for this issue. There are two very important factors to consider when solving this problem. The first one is to consider the name and interest of the legal acts; the other one is to consider the nature and the types of the legal acts.
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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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