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A Research on Legal System in Corporation Rules

Author: LuZuo
Tutor: BianXiangPing
School: Wuhan University
Course: Legal
Keywords: Articles of Association Summary Effect Content Classification Nature
CLC: D912.29
Type: Master's thesis
Year: 2004
Downloads: 229
Quote: 1
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Abstract


Autonomous enterprise, companies rely on charters to achieve self-government, the Articles of Association of the company's organization, operation, dissolution, company name, purpose of the organization as well as the shareholders and directors of the rights and obligations to make a clear recognition and specific provisions The public nature of legal documents, is one of the most important legal documents, therefore the one hand, it is the company's internal management tool is the basis for the establishment of the basis of the legal relationship between the company and its shareholders, directors, supervisors and dispute resolution. On the other hand, the establishment must conduct element of the company's articles of association or the company law, is one of the ways countries to achieve the company's management. In addition, the company Shoji body to achieve the purpose of profit must plunge into the market economy, and is followed by a variety of legal relationship with the other subjects, when the Articles of Association and the Company's external credibility to prove to others which allows the company to invest or its economic exchanges occurred. Visible, the Articles of Association of considerable importance in guiding the affairs of a company's actual operating. It is in recognition of the important position of the company's articles of association in the practice of law, the world will be written to the Companies Act, the provisions of the Articles of Association related problems constitute an important element of the Companies Act. The content and nature of the articles of association itself has not only its own problems, it relates to the Companies Act legal norms and the company's articles of association, articles of association and the relationship between party autonomy, or even related to the law and the parties autonomy performance in corporate law. Research on a range of issues in the company's legal system should also be based on a study of the company's articles of association, for example, the external validity of the Articles of Association of the Company and the company's social responsibility issues research. So, in order to improve the corporate legal system, of the Articles of Association as they should have a unified understanding. However, in reality there is no such contradiction: With the continuous establishment of the new international economic order, the economy of countries have maintained frequent exchanges, mutual equity investment, the establishment of the company, has become an important part of the indispensable national economy, the trend of economic globalization can not be doubted . At the same time, although the company has a pivotal role in the articles of association of the Company and the Company Law, but because of the different factions of the national economic system, cultural traditions and legal systems, but also the national Law of the basic requirements of the Articles of Association of the Company in essentially the same, but in some The specific regime a difference. For example, civil law and common law in the Articles of Association of the Company, there are different formal, leading to the different requirements of the Articles of the recorded content. States to the provisions of the Articles of Association to develop different, so have some difficulties in international economic cooperation. This article will be discussed in terms of structure is divided into five sections, the concepts and features relating to the company's articles of association, the role of the Articles of Association, the Articles of Association of the Company, the effectiveness of the company's articles of association and the articles of association in nature. This

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