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The Research Of Corporate Personality Rights And Its Civil Protection

Posted on:2007-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:D B HouFull Text:PDF
GTID:2166360185457332Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In China, since the"General Principles of Civil Law" clearly defines the corporate personality right system, the disputes between scholars on the characters, categories and civil protection of corporate personality right have never stopped. Consequently, there are four doctrines shaped, commercial personality right, dual right, property right and personality right. After analysis of the four doctrines, the commercial personality right doctrine scholars think about the corporate personality right only from the point of commercial law; dual right doctrine has logical contradictions by itself, according to my idea. Obviously, they can not be used as the theory reference to settle the corporate personality right problems as the view of civil law. According to the traditional theories, a right should be a kind of property right, or personal right. So the key point to settle corporate personality right problems is to define it is a kind of property right or personal right.Scholars who support property right doctrine claim that corporate personality is different from natural person's personality. Natural person's personality is ethical and natural. The corporate personality is not ethical, it is provided by the legislator through technical operation, because of practical requirement. Therefore, natural person can enjoy all the rights naturally without any question, but there are various restrictions in the scope of the right...
Keywords/Search Tags:Personality
PDF Full Text Request
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