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Research On Legal Properties Of Corporation

Posted on:2007-02-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:M K ChenFull Text:PDF
GTID:1116360182991411Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This dissertation is to analyze the theoretical foundation of the Reason-Subject-Will pattern and its decisive affection on the legal properties of corporation subject in German civil law. Such an analysis is quite valuable to Chinese civil subject theory because we have been learning concepts from German since the ending year of Qing dynasty. There are six parts included in the article.The first part concerns the significance, the token and the structure characters of civil subject. Subject title means the competence to be adscription of legal rights and responsibilities, and has shown an emphasis on the factor of reason since modern times begun."Bürgerliches Gesetzbuch①(abr. as BGB in following text)"created the word"Rechtsfaehigkeit"to take the place of"Personalite"to meet the requirement of formation. And the non-ethical Rechtsfaehigkeit became then the token of civil subject in code.The second part concentrates on historic seeking and value analysis. Modern corporation was formed in the 17th century as the model style of artificial person. And the first reorganization of artificial person in code——BGB, is only to justify capital reasonability.In the third part, the historic and current disputes on corporation subject are introduced. In the author's opinion,"Fiction"theory means mainly that dislike person, artificial person has no theory basis on Philosophy. We should accept artificial person as a real subject since it has been distinguished from its members to a great extent.
Keywords/Search Tags:Corporation
PDF Full Text Request
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