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The Establishment Of The Veto System Of Our Courtry's Company Personality

Posted on:2006-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y N FangFull Text:PDF
GTID:2166360155976110Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The veto system of company is an important company system which is on the basis of the opposition and development of the company legal person system .It is an uncoverment of personality abusement of company legal person , and it is on abandonment of company personality under the condition that the personality funtion of company legal person is not satisfied uith the fair and impartial theory .Under the persent companv personality system ,it it a matter of common occurance for sharchholders to abuse the personality of company legal person to harm the interests of the companies and debtors. Therefore , the veto system of company personality was adopted by every countn's legislation and practice in order to revise and supplement the independent system of company and shareholder limited liability system ,and balance the night between company and shareholder and the rish between the shareholder and better.Since the opening of the 3rd plenary session of the 11th Ceatral Committee of the Communist Party of china ,with the deepen of the reform on economic structure ,our company has been going on the massive-scale reform on companv system out of concern for the socialist merketoriented economy .Comsequently , compary has been progressively transforming into an important legal person form. For this reason ,the veto theory law of the company legal personality has been turned into the hot issue on research and discussion for the cide of theory and judicature and practice of law.In order to give continuely impetus to the theory research and practical study of our countn's company law, the law of company and experience which adopted from other countries fit our countn's national conditions played an important role.From the point of the connection of theon1 and practice ,the article anslysed the existing problems and malpractice of our countn's company personality system .and detailedly discussed the necessary of establishing the veto system of company personality by using the veto theory of company personality, and put forward the concrete thought of the establishment of the personality veto system of our country's company .There are five parts in the article , the first part mainly talks about the basic theory ofcompany personality veto system. The second part analyzes the practical status which adopting the veto system o company personality of between the countries (British belonging to the civil system of law by using the methed of comparison, which provides consultations and references for the introduction of our country's personality veto system. The third part discusses the necessary of the establishment of our country's company personality veto system and the problems that we should pay attention to when applying the system .Above all of the analysis ,the fourth part puts forward the concrete thought about the establishment of the personality veto system of our country's company.
Keywords/Search Tags:the company personality, the veto system, establishment, thought
PDF Full Text Request
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