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The Taiwan Company Governance In The Court Non-Litigation Intervention Study

Posted on:2012-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LongFull Text:PDF
GTID:2166330335458068Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The main focus of this article by introducing the historical roots of Taiwanese Non-litigation Law events and the status of Taiwanese corporate governance ,the provisions of circumstances that Taiwanese Non-Litigation Law involved in corporate governance ,which we can learn Taiwanese company law acts the role in progress of corporate governance, and comprehensive understanding the Non-Litigation Law's role in methods and results of corporate governance.Chapter IIntroduction of intervention of Taiwanese Company Law in history and current status of corporate governance.Chapter II&IIIIntervention of Non-Litigation Law, construction of procedure of Non-Litigation Law and discuss the legitimacy of Non-Litigation events from the perspective of public rights and private rights.Taiwanese court's non-litigation corporate governance intervention proceedings is the focus of this article. Including1,Shareholders'right of access to Remedy Right.2, Disputes over the right of shareholders to convene.3, Dissenting shareholder's shares to determine disputes flat share4,Director of judicial appointment and removal of disputes5,Dissolution and liquidation of the company's dispute At present China's current Code of Civil Procedure did not provide non-litigation procedure, which means there would be no litigation procedure of points with the non-lawsuit procedure but only declared property owners have special procedure rules. Special procedures belongs to the non-lawsuit procedure involved in one of the cases, and covers only type narrow part civil non-lawsuit procedure, also don't involve commercial non-lawsuit procedure. So as the most important in the modern society, the business subject is the lack of non-lawsuit procedure to resolve disputes to the company really bring the great negative impact. Discuss the non-lawsuit procedure law the necessity and feasibility, is very realistic It is very realistic that we discuss the non-lawsuit procedure law the necessity and feasibility. However, the basic rules of non-litigation procedure needs to respond to procedural law, in the company of non-litigation legal procedure for companies on the research of special significance, because disputes about what should be included in the scope of non-litigation procedure, the study focused on the dispute and a variety of interests to determine the nature of trade-offs.Taiwan's non-litigation procedure law and the application of the field earlier than the mainland, from which we can understand and well-known that Taiwan is how to develop and use, can be learned from experience and avoid inadequate for the development of China's non-litigation procedural law.
Keywords/Search Tags:Hnon-litigation events, procedure of non-litigation, Shareholders'right of access to Remedy Right, Legal non-litigation procedure
PDF Full Text Request
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