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The Study of the Remedy Mechanisms for Breaking Corporate Deadlock of Limited Liability Company

Author: ZhangSanBao
Tutor: ZhangYiZhong
School: Huaqiao University
Course: Civil and Commercial Law
Keywords: limited liability company corporate deadlock judicial relief judicial dissolution
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 86
Quote: 2
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Abstract


Company as a form of business organization plays an irreplaceable role in economic prosperity, but in practice there are also some disharmonies with the expectance, corporate deadlock is one of these. Due to the unmarketable feature of shares, corporate deadlocks are often generated in the practice of limited liability company. There is no certain explanation about the definition of the corporate deadlock in China’s company law. The newly revised“Company Law”reflects the corporate deadlock and also concerns with the judicial dissolution of the company and shareholders exit mechanism for the provision, but how to choose the best way to resolve corporate deadlock is still worth of exploring. This thesis focuses on the judicial relief of the corporate deadlock.There are about 50,000 words with four chapters besides preface and postscript.The preface clarifies the goal of the topic, the scope of description and the approaches of research in this thesis.Chapter 1 This chapter analyses the concept and the characters of corporate deadlock. Corporate deadlock is an image of confrontation which is the transplant from political power struggle and deadlock phenomenon shows a state, in which two parties would not compromise and bring the company into a state of paralysis. And then, analyses the basic forms of corporate deadlock, the causes lead to corporate deadlock and the harm of corporate deadlock.Chapter two, three and four are the essential parts of the paper.Chapter 2 This chapter analyes the functions of the remedy mechanisms for breaking corporate deadlock at first. And then, introduces the basic theory why supporting the idea that the judicature should intervene the corporate deadlock in foreign countries especially in the common law countries. Such as the constitutions are signed by shareholders theory, the reasonable expectations theory, the trust obligation between the shareholders theory, the corporate social responsibility theory and the remedies precede rights theory. Chapter 3 This chapter introduces the overseas legislation situation about corporate deadlock. Also detailedly analyses the various judicial measures to relief corporate deadlock in several foreign countries of civil-law family or common-law family, especially in America and Germany.Chapter 4 This chapter analyses all kinds of judicial measures of breaking corporate deadlock through legislation and judicature methods. In chapter four, it expatiates the measures which are the preclude of corporate constitution, the dissent shareholders purchasing the shares and judicial dissolution. And then, based on the discussion, the thesis gives some advice about substantiality and procedure when applying article 183 in legal practice.The conclusion summarizes the points in article and gives the viewpoints of author.

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