Dissertation > Excellent graduate degree dissertation topics show

Judicial Dissolution of the conditions of the judgment based on the research of Accepting Cases

Author: Liu
Tutor: DuanWei
School: Central University for Nationalities
Course: Legal
Keywords: Judicial Dissolution Limited liability company The shareholders reasonably expect dashed Judgment based on
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 11
Quote: 0
Read: Download Dissertation

Abstract


Company as corporate entities, the end of their life may be either voluntary dissolution of the limited liability company shareholders' meeting, for example; may also be involuntary, as to revoke the business license. China's newly revised Companies Act increased the program of the end of a new dissolution of the company, that is, from the court to declare the dissolution of the corporate end-of-life judicial program --- judicial dissolution. Judicial dissolution was known as the Court ordered the dissolution, its corporate purpose and in violation of the law, public order and good morals, ordered its dissolution can be based on the provisions of the law or when the company significant difficulties, significant damage or directors, shareholders between stalemate, according to the application of the shareholder, the referee dissolve the company. The new regulations conducive to the timely end of the company's assets in a high-risk state, reducing the investment risks, avoid the shareholders in the company reached an impasse when unable to extricate themselves. However, due to the dissolution of the company a major impact on the interests of the shareholders and the company, the Companies Act applicable to judicial dissolution also provides for very strict conditions that must be serious difficulties in the company's management, the company continues to exist and will be to the interests of shareholders caused In case of serious damage, in addition to the dissolution of the outside there is no other way to solve production and management difficulties, the Court may have a decree to dissolve the company. With successively after the introduction of the new Companies Act amendments and judicial interpretation, some small and medium-sized limited liability company because of the emergence of the \, as a member of the courtroom Shoji, in contact some cases, come to court in accepting the case and requested the court to dissolve the company in line with the corresponding provisions of section 183 of Companies Act, the Court's final judgment in accordance with case basis in the application is not confined by case conditions, but comprehensive panoramic consider, take into account both the value of, and also taking into account the development of the company employees, take into account the legitimate rights and interests of shareholders vital maintenance whether the dissolution of the company, and ultimately, the final outcome of the trial of the Court is not only to protect the vital interests of the shareholders, but also to ensure the presence of the company's projects and value, that the interests of the company, its shareholders, employees, creditors and other third party to maximize protection under the premise of the dissolution or dismissed or mediation. Through real cases encountered in judicial practice, both affirmed the Judicial Dissolution of relief given way to break the corporate deadlock, so as to maximize the protection of minority shareholders of the company and the interests of other stakeholders, fully embodies the meaning and value. Related problems encountered in trial practice, find out the case conditions should be noted that as the dissolution of the magistrate's judgment based on its distinction and its significance, this article focuses analyzed safeguard shareholders' legitimate rights and interests of enterprises to maintain On the issue of judicial dissolution value conflict, combined with the characteristics of permanence, and hope to meet again in the future trial practice to achieve a win-win situation for judicial dissolution of the company's case, both at the same time safeguarding the legitimate rights and interests of the shareholders, but also to maintain the value of the company's existence. .

Related Dissertations

  1. On the Consummation of Corporation Personality Denial Legal Regime in Our Country,D922.291.91
  2. The Key Account Service Management Mode Research of Tao Cheng Power Supply Limited Liability Company,F426.61
  3. New exploration to improve our Company Judicial Dissolution system,D922.291.91
  4. On the Implementation of Shareholders’ Prioritized Purchase Right in the Limited Liability Company,D922.291.91
  5. Discussion on the Protection of Minority Shareholders’ Rights in Limited Liability Companies,D922.291.91
  6. Impasse under the limited liability company 's shareholders to exit the system,D922.291.91
  7. Restrictions on Share Transfer of Limited Liability Company,D922.291.91
  8. A Study on Basic Legal Issues of the Company Judicial Dissolution Lawsuit,D922.291.91
  9. The Research on Improvement of One-person Company’ Disregard System,D922.291.91
  10. Judicial Dissolution Legal Issues,D922.291.91
  11. Shareholder of a Limited Liability Company Exit Mechanism Research,D922.291.91
  12. Research on the Confirmation of Shareholder Qualifications in Limited Liability Companies,D922.291.91
  13. Study on the equity transfer of a limited liability company,D922.291.91
  14. Judicial Dissolution of Company,D922.291.91
  15. A Study of the Problem of the Quantity of Shareholders in China,D922.291.91
  16. The Study of Judicial Dissolution System from Judicial Activity Perspective,D922.291.91
  17. Study on the Exit Mechanism for Shareholders of Limited Liability Company and Its Improvement,D922.291.91
  18. On the Shareholder’s Identification of Limited Company,D922.291.91
  19. On the Autonomy of Constitution of Limited Liability Company,D922.291.91
  20. On the Overview of Share Transferring in Force,D922.291.91

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