The Discuss Of Effect Of Dormant Investment

Dormant investment as the market economy develops to a certain stage,the"Company Law" amendment has been there before, with the market's sustainedrapid economic development, the phenomenon of dormant investment caused by thevarious disputes is common. In real life, many investors seeking to maximize theirown interests, to dormant investment approach and others dormant investmentagreement entered into economic activities. On the positive side, the dormantinvestment to promote economic development, give full play to the advantages ofcapital, is conducive to growth and wealth accumulation. However, the negativeimpact on the market can not be ignored. Dormant investment itself as the complexityand the corresponding lack of rule of law, resulting in judicial practice, the refereejudges the case on the law applicable to non-uniform, position of conflict, and makesa number of similar facts, similar demands will often be different dispute processingresults, greatly influenced the authority and impartiality of the judiciary, to the courtin dealing with dormant investment disputes is a big confusion. Therefore, dormantinvestment up to the legal aspects of in-depth analysis is feasible and necessary. Thisarticle aims to summarize a set of dormant investment found effective method fordealing with such disputes in practice a number of recommendations.This article is divided into four parts. Introduction to some of the article to thecase of a real argument put forward for the focus of this paper: the effect of dormantinvestment issues. That in judicial practice, the face of the complex dormantinvestment disputes, a judge often different legal principles applicable to the samecase, the results often get different treatment. Practice of calling in question theguidance of theory, the resulting form of the substance and said that tworepresentative view. Real meaning to say that the theoretical basis of Marxism is toprotect the real interests of investors, rather than act as a judge other than theshareholders in the said eligibility criteria.Therefore finds that effective dormantinvestment. Form said to represent the doctrine as the theoretical basis, that thedormant investment should be based on the articles of association, register ofshareholders, business registration and extrinsic forms for recognition validity of the act, following the commercial appearance of Marxism and of the Basic Principle, inorder to safeguard the security and to improve trading efficiency.The first Part of dormant investment to make a basic exposition. Through thehistory of dormant investment study to explore the source of the produce to moreclearly define the content of dormant investment. Traditional dormant partnershipwith economic development has gradually evolved into the company's dormantinvestment, so the definition of dormant investment in a broad sense and narrow sense.This study only narrowly dormant investment. This section also summarizes thecharacteristics of dormant investment, types and causes.The second part discusses the identified dormant investment effective legal basiscan be dormant investment trust relationship recognized as a legal relationship,agency, partnership.The third part of the legal effect of dormant investment identified three principlesand three methods. Among them, the "effective to recognize the" full command of thepriority principle is the core principle of the spirit of this principle lies dormantinvestment should be effectively identified as much as possible. Dormant investmentin addressing the legal issues related to when they follow the "double standard,differentiated" principle, to separate internal legal relations and legal relationshipsoutside the company. To circumvent the law dormant investment should not berecognized as valid or invalid, or the effect will be determined,Should be based on the lack of legal elements involved in acts of legal interest, takinginto consideration the nature of the substantive validity criterion. This section of eachof the relevant law, legal theory, commercial law, relying on the intrinsic value ofdormant investment summed up the effectiveness of the methods identified.The fourth part of "undetermined effect that" the rebuttal. The introduction of acase to illustrate the evaluation to avoid the legal effect of dormant investment has tobe determined when the full effect is identified as incorrect, unreasonable, or shouldbe, "the lack of legal actions involving Elements of the nature of legal interests" as therecognized principles.