An Analysis Of Civil Legal Consequences Of Shareholder 's Defects

During the process of a company’s establishment and operation, it is often the case that shareholders’defective capital contribution will exist. However, shareholders’ fully contributing the capital is an important factor to maintain the company’s capital and improve the company’s legal personality independence. The presence of the defective capital contribution will cause many problems. On one hand, it may cause negative impact to those who have fully contributed capital to the company and the creditors. On the other hand, it will lead to the increasing of the litigation and reduce the company’s ability to resist risks, increase the company’s transaction costs, and even cause the decline of the social credit.Therefore, the study of the shareholder’s defective capital contribution becomes the focus in the field of theory and practice. The author of this article applied Law principle and China’s Company Law judicial interpretation (c) to analyze the shareholder’s defective capital contribution. The author will focus on the analysis of civil liability and the forms of the liability.The thesis consists of four parts.Chapter one makes an introduction to the shareholders’capital contribution in order to have an overview of the defective capital contribution.Chapter two takes focus on the analysis of the civil liability and the form of the liability of the related subjects.Chapter three discusses how to build the legal remedy system.Chapter four provides several ways to improve the legislative provisions.