Research On The Effect Of Signature Of An Executive

The modern enterprise system pushes the company manager up to a central position in enterprise. A company manager is administering affairs for the company, often exerts his authority by way of the declaration of intention. And the declaration of intention is materialized as the signature of the manager in commercial procedure rules. The company manager is exerting his authority, he usually needs sign on behalf of company by name of it, and then conclude legal relationship. In that way, whether the manager has the right to sign on behalf of company? In the west, the manager authority of the manager is taken for commercial agency, and it mainly shows as the representative and administrative competence. And the representative competence demands the manager enjoy the right to sign on behalf of company. In contrast, our country has not expurgated the theoretical problems about the nature and position of the manager yet, with the result that our current legislation has in short supply for the regulation that identifies the effect of the manager's signature. At last, it sometimes comes up disorder when identifying the effect of the manager's signature, and then causes a lot of confusions in practical operation. Therefore, how to draw on the successful legislative experience of western developed countries, and combine the national conditions of our country, then build a perfect system for identifying the manager's signature, which is foothold and objective of this thesis.The foreword compares the legislation on effect of the manager's signature in our country and the other countries, and then illustrates the actual meaning in writing the thesis. This first part defines the manager's signature as a signature on behalf of company. Then it analyzes the nature theory of the manager's signature, and further appraises the juridical designation on the nature of the manager's signature for a case on the dispute of agreement of purchase and sale that Meide building material trading company in Longyou County, Zhejiang Province prosecutes Guangsheng group Co Ltd in Zhejiang Province, in which the nature of the signature of the manager is defined as an act of agency. This second part analyzes the effect of the manager's signature. This part inquires into the legal relationship among the three party contained in the signature of the manager deeply: the legal relationship between the manager and the company, the manager and the third party, the company and the third party. And then illustrates some problems for the legal consequence and responsibility, it results from when manager is authorized, exceeds his authority and apparent to sign on behalf of company. This thesis makes a detailed exposition for the effect of the manager's signature in Anglo-Aerican Legal System and Continental Legal System by the way of quoting plenty of legal information. This third part reviews the regulation that identifies the effect of the manager's signature in our current legislation. This part illustrates in our general provisions of the civil law, the regulation that identifies the effect of the manager's signature in contract law and related enterprise law. And then points out the deficiency and leakage for the regulation that identifies the effect of the manager's signature in our current legislation. After that, this part analyzes the results for the deficiency based on this: deviation exists in the correct definition for the nature and position of the manager. Meanwhile, this part also illustrates the relationship between the legal representative system and manager system. Then this part analyzes the conflict and results for the manager's signature and corporate seal system, in order to point out the results, and specifics the ways that the manager exerts his authority by the way of the comparison between our and the other countries. The fourth part compares the legislation about the signature of the manager in common and civil law system. In the combination of civil and commercial codes, this part contrasts the legislation about the signature of the manager in Germany and Japan. In the separation of civil and commercial codes, this part contrasts the legislation in our Taiwan region and Italy, for the purpose of drawing on for the perfection of our legislation. This fifth part poses the perfection of the legislation about the effect of the manager's signature naturally。This part starts with the corporate nature and position of the correct definition, with the aim of perfect. And then expounds the concrete perfection of normative system for the effect of the manager's signature, and analyzes from managerial commercial registration system, the range of authority, the ways of exertion. Thereby, they make the content of this part form a complete system.