The Legal Remedy For Shareholder' Violate Obligations Of Capital Contribution

With the continuous development and improvement of market-oriented economy, the company plays an increasingly important role. Capital contribution of shareholders is an very important part in setting up a company and capital increment ,perfect the Legal Remedy for shareholder violate obligations of Capital contribution is good for the formation and stability of company capital. It has a great significance for the development of China's market-oriented economy.Capital contributions of shareholders constitute companies ' capital, providing the normal operation of the company with basically guarantee. Shareholders could or not meet the obligation of capital contribution exactly is very import to companies, creditors and other shareholders of the company. If shareholders violate the obligation of Capital contribution, it will affect the rights as a shareholder of the company. In practice, shareholder violate obligations of Capital contribution often occur, and forms are increasingly diversified. Especially in recent years, cases related violations of Capital contribution heats up,with the condition ,rules in < The Company Law>is obvious insufficient, Provisions of the Supreme People'Court on Several Issues concerning the Application of the company law of people's republic of china (3) has been enacted by Supreme People's Court this year,based on trial experience, clear the remedy means and civil liability of violation of capital contribution, especially provisions lost right after publicity program, this will urge shareholders to meet the obligation of capital contribution fully and timely, is a big step of China judicial ,is positive, but it also has insufficient . This article will give out my suggests, hope it is helpful for Legal Remedy for shareholder violate obligations of Capital contribution.This article has three chapters:Chapter I will is the concept of violate obligations of Capital contribution, it has two parts. Part one will pass the concept and then study the formation of violate obligations of Capital contribution. Part two will study several viewpoint from different studyers,and the properties of violate obligations of Capital contribution.Chapter II describes shareholders'consequences of violate obligations of Capital contribution, discussing from three main areas. First, I will pass the influence to the company and the creditors of the company. Secondly, I will study the influence to other shareholder who has met the obligations of Capital contribution. Thirdly, I will study the violations of Capital contribution itself, and then the influence of the rights as a shareholder of the company.Chapter III is suggests to improve the legal remedies of. This chapter will mainly study the responsibility and the formation of violate obligations of Capital contribution in other countries, combined with the relevant provisions of the law in China,analysis the present. Based on this, I will give out my thoughts and suggests to improve the legal remedies of violate obligations of Capital contribution.