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Studies on the Legal Effectiveness of Company Establishment

Author: Yuan
Tutor: ChenFuSheng
School: Harbin Engineering University
Course: Economic Law
Keywords: The establishment of the company The company set up the effectiveness of Civil liability
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 71
Quote: 0
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Abstract


The company set up , is the creation of man in order to obtain legal personality , a series of acts carried out in accordance with the law , any company before legal personality , to go through the process set up by the company , and therefore , the company set up a system in modern countries occupies an important position in the Companies Act . The effectiveness of the company set up a company to set up the legal consequences of the behavior , that is, the behavior of companies to set up what legal effect , and give rise to legal attribution of civil liability in a different case , this issue is concerned transaction security and the protection of third party , is the establishment of in theoretical research and the focus of the judicial practice and hot spots , but also the key to solve the company set up a related responsibility . In this paper, the enumeration method , inductive method , comparative law , and the specification analysis research methods to explore the companies to set up the legal effect of the behavior and responsibility . First, starting from the basic theory , the study of the nature of the legal establishment , and define the meaning and scope of the establishment of people , summed up the company set up the behavior of three outcomes : effective establishment of the company , the company set up failure and Corporation Flaw Establishment : Secondly, the contrast the Two Schools national Corporation Flaw established the legislation , the legislation of the civil liability of about the flaws of the company set up the legislative status quo and lack of legal effect specification ; once again expounded our company is not effective legislation , the company set up failure and Corporation Flaw Establishment the status quo , by comparison with other countries , the analysis of which insufficient ; Finally , the authors proposed the establishment of the principle of civil liability and the Construction of the proposal for a civil liability system . In short, whether the company established the effectiveness of issues concerned in the company can effectively set up and the establishment of the people , the establishment of the company , the establishment of the company and the interests of the third party , the research on this issue there is conducive to the promotion of the establishment of a sound legal system and improved.

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