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The establishment of the company and the responsibility of validity of the contract

Author: YuanFengXiang
Tutor: GuoJian
School: Fudan University
Course: Legal
Keywords: The establishment of corporate contracts Validity of the contract Contractual liability
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 198
Quote: 2
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Abstract


The establishment of corporate contracts in China's market economy is a common phenomenon. Companies do not suddenly appear when registering, and its establishment is a dynamic process, only the completion of a series of substantive and procedural acts and conduct public company can be established after registration. Articles from the company entered into a success or failure until the Company has established a period until the establishment of the company is called phase. During this period, the promoters and the establishment of the company in order to make the company has established law requirements or achieve the desired production and management capacity, the need for various types of transactions. On the one hand, the promoters or the establishment of the company to enter into a contract with a third party to obtain the necessary production and management elements, such as setting up a company in order to obtain the necessary funding and entered into a loan contract; On the other hand, when the promoters found in the process of establishing business opportunities may also be established for the benefit of the company contracted to maintain these business opportunities. The contract is a company established in the contract. So, to some extent, the establishment of the existence of the contract the company has its inevitability. Unfortunately, despite the establishment of more and more companies contract disputes, China's legislation in this area, but not exhaustive, so that a court in such disputes often face difficulties no laws. Therefore, this paper attempts to previous studies based on the combination of the actual situation in our country, the establishment of the company on the validity of the contract and responsibility of the problem some discussion. Besides the introduction and conclusion, the paper is divided into four chapters. The first chapter on the establishment of the company through two typical cases of contract disputes, leads to the establishment of the company on the duration of the contract and concepts discussed to the establishment of the company to compare the contract clearly defined court in our country after the establishment of Company contract dispute problems encountered a preliminary introduction. The second chapter describes the establishment of China's relevant laws and regulations of the major corporate contracts, combined with relevant cases, in-depth analysis of the legislation in force and the establishment of corporate contracts accountability gaps. The third chapter in the company prior to the establishment of validity of the contract were discussed theoretically, on the basis of analysis of the different types of companies established in the validity of the contract, on improving the effectiveness of the establishment of corporate contracts legislative system made some suggestions. The fourth chapter analyzes assume contractual liability company established in the relevant doctrine, drawing major legislative experience of developed countries and regions, the establishment of the company for the Perfection of the mode of contractual undertakings. It should be noted that the level of discussion to make this clearer, the company will be set up in the validity of the contract and the responsibility of the problem were analyzed. In fact these two aspects are closely related and complementary.

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