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The Judicial Relief Corporate Deadlock

Posted on:2011-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:W ShaoFull Text:PDF
GTID:2166360332955651Subject:Law
Abstract/Summary:PDF Full Text Request
China's socialist market economy system, the company established as a kind of market main body, became the main economic development is absolutely. The company decided to the most fundamental profit-making purpose lies in the pursuit of profits and creation. Company's management process, is also the fundamental attribute around company, develop to maximize the fit and coordinate the relation, make company benefit maximization. All countries in the world through legislation to company management process of the contradictions of resolving disputes provided legal way, in order to avoid the articles of association of the company and the related agreement. Company of an impasse is company property resources and manpower resource waste, but also greatly in certain extent influence the harmonious and stable social relations. China's law and relevant laws and regulations, although also provided by litigation shareholders can dissolve and liquidation of companies, but the judicial relief way prescribed general. Easy to dissolve the company, especially after the liquidation procedures and liquidation of the problems related to the process of solutions and measures are not thoroughly, enables the company to the judicial relief deadlock role play. At the same time, because of the existence of bankruptcy, and relatively mature, making it difficult to distinguish the bankruptcy liquidation or dissolution of liquidation. Based on the characteristics and laws related to corporate deadlock relevant legal system, based on the analysis of compulsory liquidation, the company litigation, combined with the aid of Anglo-American law system and the continental law system, the relevant laws on how to improve our company the judicial relief system, the deadlock on how the rights and interests of the company and the third protection brings forward some opinions and ideas, in order to improve our company law system and the company law system increased brick add tile.The judicial relief corporate deadlock research purpose is how to avoid the corporate deadlock, or in the company after gridlock in maximum protection company shareholders and creditors' interests, safeguard the lawful rights and interests of the workers of the company. Corporate deadlock the main purpose of the judicial relief is how to keep company, but the dissolution and liquidation of the company to maximize the economic efficiency and the social efficiency.
Keywords/Search Tags:corporate deadlock, dissolve, check-count, system improve
PDF Full Text Request
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