Studies On The Legal Effectiveness Of Company Establishment

Establishment of company refers to a series of actions which are performed according to the law to make corporation obtain qualification of legal person. Any corporation must experience such process before getting the legal personality. So system of corporation foundation possesses an important status in modern corporation laws all over the world. Effectiveness of company establishment refers to legal results of behaviors of corporation establishment, that is. which kind of legal results will be brought by this kind of establishment actions and adscription of civil liabilities in different situation. This problem involves deal security and protection to the third person. And it is the focus and hotspot in the theoretical research and judicial practice of company. Moreover, it is the key point in solving related responsibilities in corporation establishment.I mostly apply for researching methods such as enumeration, induction, comparison and normative analysis to discuss legal effectiveness of behaviors of corporation establishment and questions involved responsibilities. Firstly, starting with the basic theories, the paper researched the legal quality of company in establishment, limited definition and extension of organizer and summed up three kinds of results for behaviors of company establishment: valid establishment, invalid establishment and defective establishment. Secondly, the paper compared legislation examples of companies' defective establishment in civil law system and American law system. Based on it, the paper analyzed legislative conditions and shortages of our regulations about legal effectiveness of companies' defective establishment. Thirdly, the paper expounded our legislative conditions involved civil responsibilities in valid establishment, invalid establishment and defective establishment, then, analyzed the disadvantages in it through compared with other countries. Finally, the paper put forward the principles about assuming civil responsibilities in company establishment and advises in constructing our country's civil liability systems of company establishment. All in all, the effectiveness question of company establishment involves whether company could set up effectively and the benefits of organizers, companies in establishment, established companies and the third persons. Researches on such theme are beneficial for promoting the healthiness and perfection of our legal system of company establishment.