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The Legal Liability Of Shareholders' Violation On The Obligation Of Funding

Posted on:2008-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ChenFull Text:PDF
GTID:2166360242477362Subject:Law
Abstract/Summary:PDF Full Text Request
The legal liability of Shareholders'violation on the obligation of funding means the legal consequences or the legal liability according to special regulations of the laws that the relevant persons should bear while the shareholders do not perform or not fully perform their obligations to pay funding .It shows some of the complexity and specificity in practice. So, compared to other civil liability, the shareholders'violation on the obligations of funding has its own characteristics. They are mainly as follows, the diversity of the legal responsibility, caused by multi-parties, resulted from both the agreement and the statute and not just liability of the property. Different principles on legal liability reflect the different legal values, both of the principles of strict liability and fault liability could apply to the system of legal liability of shareholders'violation on the obligations of funding. Compared with the related legislation in developed countries, the provisions on the legal liability of the shareholders'violation on funding, in particular the provisions on civil liability of China's company law are too simplistic, and not operational in practice. Therefore, it is necessary to learn from the relevant foreign legislative experience, and in light of the specific circumstances of China's company law in practice, to perfect the system of legal liability of shareholders'violation on the obligations of funding.
Keywords/Search Tags:shareholders illegal funding obligations, legal liability, the principles of liability
PDF Full Text Request
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