Research On The Legal Liability Of The Shareholder With Defect In Capital Contribution And The Right Relief For The Shareholder Without Defect In Capital Contribution

The thesis consists of four parts: "presentation of questions" cites various kinds of problems involved in shareholder capital contribution defects, explains that the corporate legislation extremely lacks regulations regarding the content of the capital contribution no-defect shareholder's right relief, and that strengthening legislation in this respect is also extremely urgent. "Observations on the legal liability caused onto the company and the capital contribution on-defect shareholder by the shareholder capital contribution defects" is of the opinions that the defective company legal person may be negated due to the complaints and claims made by the creditor, and the penalty given by administrative organs, that the capital contribution no-defect shareholder will "get involved", and that no sweeping generalizations should be made on whether civil liability arising therefore should be borne for the creditor. "Observations on the capital contribution no-defect shareholder right protection legal regulations" analyzes that though the content of current corporate laws, administration law contains some regulations on the right to relief enjoyed by the capital contribution no-defect shareholder, such regulations are incomplete in form, and have apparent limitation. "Perspectives on the form of noncompliance of the shareholder withdefect in capital contribution and relevant legislation supplement"discusses the form of noncompliance of the shareholder with defect in capital contribution, and explores the regulations that granting the capital contribution no-defect shareholder corresponding right to strike off the name of the noncompliance shareholder, the right to dissolve the liquidation company, the right to sell the corporate share proportion, the right to change or transfer shares, etc. and that while the capital contribution no-defect shareholder receives the right relief, relevant civil liability should be borne for the creditor according to the principle of fault. The conclusions are that such legislative regulations can prevent and avoid the company getting bogged down in an impasse caused by intensification of contradictions among shareholders, so as to better safeguard the interests of all the parties concerned, and promote the stability and development of the market economy order.