The Civil Status Of The Pre-Incorporation Company's Research

The pre-incorporation company is a temporary organization that takes the corporation's establishment as the goal and makes some necessary preparing work.It is an absolutely necessary stage in preparing a corporation.The corporation is an importance subject in participating in various activities of modern society.Corportaions in preparation exist extensively in social life and they frequently have legal relationship with other subjects.If the legal status of these corporations in preparation are not prescribed,it will not only leave large margin in the legal adjustment,but also make the legal relationship with other subject more complicated and increase the transaction costs,undermine the principle of benefits.The dissertation,employing the methods of comparative analysis and integration of practice with theory,explores the civil status of the pre-incorporation companies in an exhaustive an in-depth manner.Apart from an introduction and a conclusion,it has the four following parts:In this paper,the introduction of the case put forward by a core problem,nalmely the civil status of the pre-incorporation company.The answers to the problem set up a process triggered by a number of legal issues with significant meaning.However,our country has the legal evasion of the issue,thus leading to gaps in the legislative conflicts between the needs and reality.Partâ… :Academic circles have a heated agrument on the legal status of the pre-incorporation company.There mainly have Non-right ability theory, partnership theory,Non-corporation theory and so on.Through a comparative analysis of these doctrines are flawed.The limited capacity and legal status should be given to the pre-incorporation company in order to achieve economic and social diversification to address the problem of judicial practice. Partâ…¡:This section focuses on the pre-incorporation company's internal legal relations,that is,the relationship between the pre-incorporation company and the sponsors,which point out that because the sponsors and the pre-incorporation company are essentially different, just to rely on sponsor system not enough to bulid a stage set up to properly resolve the disputes.Partâ…¢:This section focuses on the pre-incorporation company's external legal relations,that is,after proving that the pre-incorporation company must have a civil capacity and legal status,the paper clear the relationship between the company and the pre-incorporation company.On this basis,The legal rights and obligations incurred in the pre-incorporation activities shall be transferred to the incorporated company when the company is incorporated;and the Pre-incorporation company's non-essential trade practices,in principle,jointly and severally liable by the sponsors,but after the establishment of the company entrusted to select the right to accept or ratify.Partâ…£:There are variety of factors which may lead to the failure in the process of the establishment.If the company fail to establish,firstly,the company will have to use their own property,if not enough,the sponsors are jointly and severally liable;In addition,our country should learn from Germany,to build a company to establish a void system,a comprehensive normative Company establishment.Finally are conclusions.The limited legal status should be given to the Pre-incorporation company,as the basis for the pre-incorporation company on legal regulations.