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On the company's autonomy

Author: YuXiXian
Tutor: ZhangTieZuo
School: Heilongjiang University
Course: Economic Law
Keywords: Company’s autonomy Company Law arbitrary norms company’s charter judicial intervention
CLC: D912.29
Type: Master's thesis
Year: 2009
Downloads: 94
Quote: 2
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Abstract

Companies are the main important market economy, market mechanisms necessary to play freely enjoy the company。States have traditionally been a free enterprise system and the principle of private autonomy。Degree of autonomy for the main body of private law。The main manifestation of corporate self-government for the company。Freedom is the desire, but freedom is not unlimited。Freedom of the same, there is a limit to exercise。“Man is born free,and no chains to the outside。“Company same degree of autonomy is not absolute and is limited to discussion of the same company limits of autonomy, for a clear understanding of our company havean important degree of autonomy, the significance of space。The company’s degree of autonomy for the purpose of limiting their freedom to more people,but also companies in order to more fully realize self-government。Belong to private company law, and its true colors are the autonomy law,company law should be based on recognition and protection of autonomy as the main goal。Company Law of the peremptory norms and the existence of arbitrary norms and the company ought to be the field of implementation of autonomy has important significance。Articles of incorporation and existence is the fundamental basis for the activity, are the basic norms of corporate behavior,the state has the constitution, charter companies。Articles of Association the company achieve self-government are an important carrier and means。Self-government are the core of the company。Recognize the nature of the status of the company’s charter,articles of association and the Companies Act and how it affects the relationship between the company autonomy , self-government implementation of the same company has a great significance。That is, in the company between the degree of autonomy and judicial intervention in the administration of justice and looking for a dynamic balance between the administration of justice is limited to the achievement of the company’s implementation of self-government can not be left unrecognized。Company Law,articles of association, judicial intervention as the troika,in order to achieve the company’s self-government escort。In a modern market economy,the executive power gradually exit the area of the company,the judicial power of self-government should be to solve its disputes that arise during the course of the main force。What the Court should be subject to judicial intervention, how to make the rationalization of judicial intervention,that is,not too deeply involved in that hinder the company’s autonomy, but also to prevent the involvement of so shallow。Company Law,articles of association, judicial intervention Company Law, articles of association, judicial intervention as the troika for the realization of the company’s self-government escort.

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