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Functions and Application of Corporate Articles of Association in Litigation

Author: GuoDongHai
Tutor: ZhangZuo
School: East China University of Politics and Law
Course: Economic Law
Keywords: Articles of Association Litigation function Judicial relief Conflict Be applicable
CLC: D912.29
Type: Master's thesis
Year: 2004
Downloads: 203
Quote: 4
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Abstract


Modern is the epitome of the modern state, the articles of association as if a country's constitution, it is the basis of the company's existence and activities, is the fundamental norms of corporate behavior. Importance of the company's articles of association for the normal functioning of the entire company is self-evident, but in the Companies Law practice areas within the Articles of Association have been preset contrary situation: the one hand, it has the indispensable importance, while the other side and by the practical operation of the snub. Prospectus large we see in the real economic life are copying each other a high degree of similarity, and in addition to repeat the Companies Act has provisions, and not much more detailed operational rules; also some Articles of the law and regulations the mandatory requirements, regardless of their own way, causing conflict with the existing legal order and exclusion. Therefore, the only practical level to improve the application of the Articles of Association, the Articles of Association to security system design functions. A broad analysis of the Articles of Association has four functions: the articles of association is to establish the basic elements of the company; Articles of Association has publicized role; articles of association is the company's internal code of conduct; Articles of Association as one of the bases for the country to supervise the management of the company. Litigation practice, because there is a different understanding of the nature of the company's articles of association, combined with the lack of the Articles of the content itself, resulting in the specific litigation functions of the Articles of Association of the Company to be restricted, the referee who is not conducive to the use of the Articles of Association to resolve the company disputes. This article by comparative analysis of the positioning of the Articles of Association for the Autonomy Statute, as an interested party in the event of a related corporate disputes to prove one's own assertions; can be used as a reason against malicious third person, but also make a valid basis for the referee's courts and judges. Articles of litigation activities have proved confrontation, prospective data three functions for the judiciary to resolve disputes path selection. Below the legal effectiveness of the Prospectus, the use of the Articles of Association referees need specific analysis of the relationship between the company's articles of association with the company legal norms, clearly in violation of the laws and regulations of the mandatory provisions of public order and good morals principles under the premise of the Articles of Association applicable having priority. Parties the unlawful dispute based on the contents of the articles of association, judicial relief is an important way to resolve. The confirmed the Prospectus invalid, provisions of the statute is invalid

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