The Analysis Of Legal Liability For Defective Capital Contribution Of Shareholders

In company law, the shareholders'contribution is very important. It is the main resource to form the corporate capital. The shareholders'contribution acts as the physical and financial basis of the corporation in terms of incorporation and existence. And the credit of capital contribution of shareholders is the foundation of the corporation's credit and reputation. It has close relations with the interests of the corporation, other shareholders and the corporation creditors. So Company Law should emphatically regulate the shareholders'contribution and the responsibility of shareholders for defective capital contribution. But from the analysis, the author finds that the law has many defects on the legal liability and people also have many doubts about the subjects of right of claims, that is to say, many people don't know who has the right to claim. The thesis elaborates the contents of the shareholders who should take to the different subjects who have the right of claim and the contents of the responsibility borrow from foreign laws to satisfy the need of the practice complex economic life.Except the preface and the conclusion, the paper is divided into three chapters, the flowing is the main content:The first chapter is the basement. It mainly introduces the basic theories. The part mainly defines the definition of shareholders and demonstrates the investment obligation of shareholders and its influence of the investment responsibility. The part also describes the different types of condition of shareholder's against the responsibility of property.The second chapter discusses the responsibilities of shareholders in the terms of the incorporation. The chapter defines the character of the investment obligation and the investment responsibility and describes the different liabilities of originators and subscribers. It also discusses the differences of the investment responsibility between the originators and the subscribers of shareholders.The third chapter discusses the responsibilities of shareholders when the company has been built up. The chapter discusses the contents of the responsibility who shareholder should take to different claim subjects and also describes the conditions and the basis for the responsibility.