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The basis of the jurisprudence of limited liability of shareholders

Author: LiYue
Tutor: WangZuo
School: Heilongjiang University
Course: Economic Law
Keywords: the limited liability of shareholders juridical person system effective value fair value order value
CLC: D912.29
Type: Master's thesis
Year: 2009
Downloads: 88
Quote: 0
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Abstract


This article mainly studies the jurisprudence foundation of the limited liability of shareholder. The basic view is through researching history of the limited liability, proving the limited liability of shareholder is not basic the legal logic, and it’s basic to the effective value; Because of the order value, the limited liability of shareholders make the transactions more secure and play a important role to the economic system maintenance of a healthy run; The limited liability of shareholders has its side of justice, but this should not be denied that is a fair exchange for the expense of efficient institutional arrangements, The missing of the fair value is the root cause of its limitations, and the exception to the limited liability of shareholders is to apply this effective correction in the value.Through the analysis of this article, The author believes that despite the limited liability of shareholders since the date of the birth is have been criticized, but its existence reflects the value orientation of law, and its drawbacks as the socio-economic development and the legal system gradually perfected gradually be overcome. The existence of the limited liability of shareholder does more good than harm. In history it has played an enormous, irreplaceable role and in the future for a very long historical period it will still exist and play a role in.

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