Research On The Resisting Effectiveness Of The Commercial Registration

The validity of the commercial registration is the core of the commercial registration legal system. Until now, China doesn't have an uniform commercial registration law, the relevant rules are prescribed in different laws and regulations. The rules about the validity of registration are far from enough. The validity of the commercial registration is different for different bodies. This thesis puts the research focus on the resisting effectiveness of the commercial registration. The resisting effectiveness means that after the set items are registered, the commercial body shall get certain legal immunity. This thesis tries to have the commercial registration's validity thoroughly researched and do some contribution for the planned Commercial Registration Law.This thesis has three parts and tries to answer the following questions: 1) discuss the theory foundation of the resisting effectiveness of the commercial registration to the third party; 2) the applicable conditions and the legal validity of the resisting effectiveness; 3) the protections for the third party on the false registration. The thesis has three chapters and the epilogue.The first chapter is educed by a legal case and gives a brief introduction of the commercial registration legal system. This chapter is divided to three sections: the first section gives a definition to the resisting effectiveness of the commercial registration, and discusses the morphology of resisting effectiveness; The second section talks about the theoretical foundation of the resisting effectiveness system of the commercial registration; The third section mainly discusses the applicable conditions of the resisting effectiveness. Theoretically, the registration resisting effectiveness occurs on the conditions that the set items have been truly registered and proclaimed.The second chapter mainly discusses the special circumstances of the resisting effectiveness of commercial registration, the validity of the registration is closely related to the system of the proclamation, especially in the country focusing on the proclamation, the proclaimed will be adopted when the registered items are different from the proclaimed. This chapter mainly discussed the relevant rules of the different countries from the viewpoint of the comparative method. The author discussed the registration validity from the perspective of the procedure and the content. They mainly discussed the circumstances the special resisting effectiveness of commercial registration, it contains whether the set items are registered, the relationship between the registration and the proclamation and the false registration and false proclamation.The third chapter mainly discusses the protection for the third party for the false registration. There are three parts to discuss this chapter, firstly, starting with the definition to the false commercial registration; secondly, reviewing the jurisprudential theory of the validity of the false registration, and using the principle of estoppel representation in the commercial law to explain the civil liability of the responsible bodies to the third party for the false registration; the third section is mainly discussed the liable body for the false registration, there are three bodies who should bear the civil liability, they are the registration applicants, the agency and the registration authority.