Font Size: a A A

Research On Judicial Relieves Of Corporation Deadlock

Posted on:2010-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:X ManFull Text:PDF
GTID:2166360275960917Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Corporate is the most important active body in the modern market economy, the smooth and efficient of its operation have direct impacts on the healthy development of the market. For various reasons, the companies operate in the process will be deadlocked in some cases, reduce or lose the ability to participate in the market and further affect the stability of the entire market, also leads to the enormous socio-economic losses. In this paper, first of all, the author clarified the meaning of the corporation deadlock, characteristics, classification and other basic issues, and focus on the reasons of the deadlock formation, and then made an in-depth analysis in order to explore solutions to prescribe the right remedies. The article then details the base theories for judicial relief for deadlock, and on this basis of analysis on the specific system of the major countries and regions in common law and civil law, the author done a detailed display and analysis. In order to provide a useful reference to our company law, the author compares their characteristics, the advantages and disadvantages of the countries' legislative and judicial we have referenced. Focus on the legal relief in our country, the article pointed out that China's legislation has the related systems on corporation deadlock, but in terms of entities or procedures, it has serious deficiencies. Finally, the author put forward recommendations in all directions to the legislation improve.The first part is the "Introduction", the author mainly study the meanings of from the linguistic point of view, finally drew the common feature of "group character". And the author pointed out that the deadlock is the destiny of the company, China's legislation on this issue is very simple and unable to break the deadlock, and the improvement of the system is emergence.The second part focuses on the fundamental question of the company impasse, including the meaning, characteristics and expressions, analysis the causes and harms of the corporation deadlock, especially from the view of game theory. The judicial remedies to the company deadlock should base on the causes and different types, and should be the most targeted solutions.Partâ…¢is divided into two parts. First of all, introduced the current theories on the judicial relief to the corporation deadlock, including the " relief in the first", " frustration of looking forward to the interests," "Company Contract" and "corporate social responsibility"; subsequent detailed study and comparative analysis on the specific system of judicial relief on corporation deadlock in Anglo-American law and civil law systems major countries and regions.The fourth part of the article displays our legislative and judicial system of the company deadlock. First the author recalled a variety of legal documents relating to the company deadlock since China's reform and opening up, and pointed that there is always the legal system on the issue, but until the 2005 "Company Law" it was not formally established. But the Companies Act did not heritage the form law. The provisions are still very primitive, not operational, we should learn from the legislative experience of other countries, the succession of the history of our country and to improve the legal system.The fifth part of the article study on the specific structure of the corporation deadlock legal system. First, the author put forward the basic principles in the reform to the corporation deadlock legal system. In the specific practices of the legal reform, it included mandatory share exchange, the interim director and the compulsory dissolution of the company.In the summation of the full text, the article noting that the necessary of the reform on the corporation deadlock legal system. The author put forward that there is a lack of logical argument in China's company law legislative process, the less of system construction and so on, looking forward to the future of legislation be more technological, and be able to overcome these shortcomings.
Keywords/Search Tags:Corporation Deadlock, Judicial Relieves, Exhaustion of Internal Remedies, Intervention by Category, Judicial dismissal
PDF Full Text Request
Related items