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The Legal Analysis Of Wuhan Friendship Company V.You Suopu Company For Contract Dispute

Posted on:2012-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LiuFull Text:PDF
GTID:2166330335970246Subject:Civil and commercial science
Abstract/Summary:PDF Full Text Request
In modern society, to sign a contract before the transaction has become a conventional practice of a contract to become an important way to protect the interests of the contract system itself is quite complex.Reasonable requirement of the contract, to encourage trade, promote social development; the contrary, the contract will be active against the transaction, not easy to economic development. This requires the establishment of contract, validity, performance, breach of contract, etc. to make as comprehensive as possible and reasonable requirements. This friendship between the Company and other units from the Wuhan company supply contract with You Suopu disputes, a detailed analysis of several places in dispute in the case, including:the contract is invalid, disregard of corporate personality, and the liability of the third contract Commitment.Case based discussion of the article. Friendship appellant company said:Contract does not hold, appellee You Suopu company should return the goods and to bear the resulting loss; appellant Horse Company that:Horse Company at the friendship between the companies are separate legal persons, should not be jointly and severally liable. Appellee You Suopu company that:the contract null and void, friendship should the contract between the Company and Horse Company jointly and severally liable. In this paper, the controversy over the case and the analysis of the controversy, investigation and also points out the lack of relevant aspects of law.Article is divided into three parts:The first part introduces the case and the focus of controversy. First introduced in the first trial was the original defendant, detailing the reasons for the appellant leave to appeal and the appellee's defense, the trial court and Court of Appeal's decision and reasons for the conclusion that the case of contention.The second part of the focus of controversy triggered by the case law are analyzed. Mainly from the contract is invalid, Kinmen and Matsu should bear joint and several liability company, responsibility and contract the third of four aspects of the analysis.The third part is the case, Reflections, including restrictions on the contract null and void and of disregard of corporate personality deficiencies in the system.
Keywords/Search Tags:Contract null and void, Disregard of Corporate Personality, Joint and several liability, Third party contract, Liability
PDF Full Text Request
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