Study On Research On The Legal Problems Concerning The Transactions Of The Pre-incorporation

The transactions of the Pre-incorporation is a universal Phenomenon beofre the estbalishment of coproration. The commitment of liabilities incurred by the transactions of the Pre-incorporation has a relationship with the deal's stability and security,and simultaneously influences the assignment of risks and benefits among relevant interest entities.Theories and legislation give a full attention to the problem in many countries and areas.The leak im Company Law in our country brings very big puzzle to the judicial practice,but few people do research on the relevant theories.Therefore,there is an important theoretical and practical significance in researching on this subject.According to the modern law of corporation, the company must be allowed to register can be founded. Theoretically speaking, company before being established, but because does not have the legal personality not to be able to carry on the transaction by the company name same outside. Obtains differently with the natural person personality, company's establishment, is an initiator participates in, involves many legal affairs positively the process. In this process, initiators artificially urges the company to be established, must carry on the essential establishment activity inevitably, even carries on the transaction by company's name with the third person. This is the company sets up a common phenomenon. Had been established after with the company the business to compare, the company sets up is company's special condition, the initiator sets up in the company the transaction behavior is in launches with the third person between, the behavior consequence can involve had been established after between the company, the creditor and initiator's risk and the benefit assignment. How before determined the company had been established the transaction behavior potency, is not the traditional civil law contract theory can solve.The trading relations adjustment demand, requests some special rules to satisfy. But these special rules, regardless of from the form significance from the substantive significance, all not impossible to complete in the common law civil law frame, needs by the special law form realization, namely the commercial law rule. Looked from the various countries' related stipulation that, the company sets up, mainly is the economy and the social question which the transaction behavior system considered, but places the legal factor the secondary position. The related stipulation objective point lies in balances the initiator, the third person, as well as had been established after between company's benefit. Does the law of corporation how standard company set up in the process the transaction behavior, must formerly the company transaction connotation, concept obtaining, to its basic characteristic, the constitution important document, the system function, potency recognizing carry on the system analysis with the responsibility ownership question. The establishment system Pre-incorporation transaction legal regime, by balances between all quarters main body the benefit, the safeguard transaction security.