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The Research on the Legal System about Defective Incorporation

Author: ZhangYan
Tutor: HuXiaoHong
School: Anhui University
Course: Legal
Keywords: defective incorporation de facto corporation rectify defective civil liability
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 53
Quote: 0
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Abstract


Defective incorporation refers that in the process of setting up company, the company has formally obtained the business license, and has the law personality formally, but it is actually short of some important entity document or the important procedure document so its law personality is at the unsteady state. Defective incorporation is extremely common in the judicial practice. Because the benefit bodies of Defective incorporation which the company involves is so many, It is great important that the law regulates this problem. The article multianalysis Defective incorporation in order to consummate Company Law in our country and make the market economy of our country develop healthily.The first part of this article mainly limits the connotation and type analysis of Defective incorporation. First this part analyzes the conception and the legal characteristic. Second, it compares the conception of Defective incorporation with the related conception to limit the conception clearly. Third, it carries on the type analysis of Defective incorporation on basis of the different reasons on defective. Various countries regulate Defective incorporation based on the different type of defectives, therefore, this part makes a foundational discussion for the mainly body part-----pattern of legal effect analysis and legal liability analysis.The second part is one of this article’s main parts. It carries on the analysis of the pattern of legal effect on Defective incorporation by Comparative analysis and the economic analysis.In the part of Comparative analysis,it makes the correlative theories of the two main legal systems clear, and carries on the comparative analysis of the effective patterns and the invalid pattern of the two main legal systems. At last, it is obtained that two main legal systems take the efficiency value priority and give dual attention to the security value in the pursue of law value. But considering the development tendency of the law of corporation as well as our country’s own factors, the effective pattern is more significant and suitable to our country. Another part, namely the economic analysis part analyses the effective pattern and the invalid pattern in the law economic way. The article Considers the effective pattern has the cost advantage, our country should use the principally effective pattern. Considering that the system of the law and legal tradition of our country are different from the UK-US legal system, it should carry on some suitable revision of the effective pattern, establish defective rectify system which is the supplement to the effective pattern, and make the types of the defection which couldn’t be rectified clearly in the corporation law. it should be also established clearly that the company’s law personality will be denied when the Defective company has serious defect which couldn’t be rectified..The last part, on the foundation of forepart’s discussion, analyzes the related legal liability under the principally-effective pattern in our country, then, and analyses the responsibilities of the main body’s internal civil liability and external civil liability under the different situations of personality’s affirmation and the personality’s denial, this part also discusses Facilitating agency’s responsibility. Next, this article make suggestion for the civil liability legislation, and pointes out that our country should establish civil liability system and strengthen the defect manufacturer’s responsibility, and the Facilitating agency’s civil liability should be also established clearly.

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