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Study on the Protection System of the Creditor of One-Man Company

Author: YangJin
Tutor: WangYuanJun
School: Southwestern University of Finance and Economics
Course: Civil and Commercial Law
Keywords: One-man Company Creditor Legal Protection
CLC: D922.291.91
Type: Master's thesis
Year: 2008
Downloads: 141
Quote: 1
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Abstract


One-man Company is unitary, it is easy for the only shareholder doing something illegal, taking risk of managing, abusing his power under the limited liability,but protected by the independent personality of the company. So it may greatly increase the possibility for One-man Company’s creditor to suffer a loss. Therefore, in order to protect benefit of One-man Company’s creditor, and reduce the transaction risk, regulation of One-man Company and establishment of a strict national legislation protection system are needed. Judicature and Researcher always pay attention to protection system.The thesis concentrates on the protection of One-man Company’s creditor. It is divided into five parts:Part I, Definition of the protection of One-man Company’s creditor.Part II, Theoretic analyses on the protection of One-man Company’s creditor.Part III, Introduction of other countries and regions about One-man Company’s creditor protection law practice. Including common law countries: Britain, the United States, and civil law countries: Liechtenstein, Germany, France, And Japan. I put EU in civil law countries for easier compare.Part IV, Analyzing the problems we will face in our new company law.Part V,Construction of relevant Systems for the protection of One-man Company’s creditor in our company law.Through analyses, we come to the conclusion as follows:The protection of One-man Company’s creditor is very impotent in the construction of the One-man Company.In order to accomplish the thesis better, plenty of domestic and foreign materials are collected. There are three positive contributions in it:First of all, the thesis not only analyzes One-man company, but also explores the problems we will face in protection of the creditor, and constructs the relevant systems.Secondly, the thesis contains much information from other countries. It can offer other scholars abundant materials to further the study in this area. The thesis not only introduces the law practice, but also analyses the collection of materials.Third, beyond analyze of our company law, I pay attention to the cause of the problem.

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