On The Undertaking Of The Pre-incorporation Contract's Obligation

The pre-incorporation company is a temporary organization that takes the corporation's establishment as the goal and makes some necessary preparing work.It is an absolutely necessary stage in preparing a corporation. The corporation is an importance subject in participating in various activities of modern society. Corportaions in preparation exist extensively in social life and they frequently have legal relationship with other subjects. If the legal status of these corporations in preparation are not prescribed, it will not only leave large margin in the legal adjustment, but also make the legal relationship with other subject more complicated and increase the transation cost.It is very important to talking on this topic.The first part,the introduction of the case put forward by a core problem, namely the undertaking of the pre-incorporation contract's obligation.The second part, regarding the establishing corporation by comparing the laws and theories of various countries in the world.The third part studies the legal nature of the preincorporation company. The author analyzes five kinds of theories about the legal nature of preincorporation company at first. Then the author caries out his own opinion: the nature of preinoorporation company is a kind of establishing association. This theory can explain the problems in the legislation of company law and the practice of establishing company.The fourth part discuss the initiators of preincorporation company and their right and obligation. Define the initiator and the number, qualifications of the initiator firstly, then make detailed treatise about the legal status of the initiators and their right, obligation and responsibility.Finally are conclusions.