Dissertation > Excellent graduate degree dissertation topics show

The Research on the Legal System about Defective Incorporation

Author: PengYan
Tutor: WangYuanMing
School: Hunan University
Course: Civil and Commercial Law
Keywords: Defective incorporation The validity of the general principles Rectification system Rectify defective Lawsuit of defective incorporation Civil liability
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 182
Quote: 2
Read: Download Dissertation

Abstract


During the establishment of corporation, the defective corporation can’t virtually resist the business risks even though he gains the company registration. And the defective incorporation has negative effect on the stability of the corporation that will also do harm to the interest involved the company, shareholders, and creditors. And it will finally do great harm to the stability of economy order. Despite the differences between the two major law systems, it can be drawn a conclusion that there is much coincidence between them. And the coincidence is upholding validity of defective incorporation. Even if the different regulations in the civil and the common law system on the defective incorporation, they also aim at lacking the harm brought by uncertainty of the legal personality of defective incorporation and the efficiency of business trading. Unfortunately, our Corporation Law only has some rough and fragmentary stipulation and is defective with the following problems: ambiguity about existence of the legal personality of defective incorporation, too narrow a scope of defect, lack of liabilities of related parties, and etc. We should take advantage of the two major law systems, should clearly admit validity of defective incorporation and furthermore perfect the institutional arrangements including remedy of defective incorporation, lawsuit on defective incorporation and incurred civil liabilities. I expected the advices will do some favor for the legislation about the defective incorporation in China.

Related Dissertations

  1. Dissertation on Examiner’s Civil Liability in Criminal Procedure,D923
  2. A Comparative Study of the legal system of civil liability of the Sino - US Institute of Certified Public Accountants,D922.26;D923
  3. Studies on System of Punitive Damages,D923
  4. Research on the Nature of Multi-level Marketing and Mlm Spreading Countermeasure of Civil Legal,D923
  5. The Tort Liability of Guardian,D923
  6. Research on Civil Liability of the Copyright Infringement of Entrust Creation,D923.41
  7. On Punitive Damages,D923
  8. Research on Civil Liability of Executives for Breach of Duty of Diligence,D922.291.91
  9. Research on the Legal System of Contribution in Kind by Shareholders,D922.291.91
  10. Disquitition Civil Liability of the Director to the Party,D922.29;D922.28
  11. A Study on the Civil Liability for Fraudulent Savings Deposit Withdrawals,D922.28
  12. Research on Bankruptcy Supervisor’s Civil Liability,D923
  13. On securities insider trading civil legal regulation,D923
  14. On Civil Liability and Risk Prevention of Certification Authority,D923
  15. Caused by Public Facilities liability study,D923
  16. The Determination of the amount of Civil Compensation of Listed Companies’ False Statements,D922.287
  17. On Lawyer’s Civil Liability,D923
  18. Civil Liability of shareholders capital flight,D922.291.91
  19. On the civil liability regime of Notaries,D926.6
  20. The Study of Internet Intellectual Property Disputes Caused by Deep Link,D923.41
  21. Verification of the Causal Relation in the Technical Authentication of Medical Accidents,D923

CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
© 2012 www.DissertationTopic.Net  Mobile