Companies Act To Force The Normative Study

In civil law countries, although as part of the Commercial Law, the Corporation Law obtained private law nature, since the birth of Corporation law, the state will is always filled in the Corporation law, and expressed through binding norms. Binding norms of Corporation law which consequently get the existing basis, become the expression tool of the national mandatory will. Nevertheless, until the 80s of last century, study on binding norms got attention because of the emergence of Corporation contract theory. In view of this, the paper chooses binding norms as the topic, and discusses in the following areas:First, This paper reviews the state will characters and values of binding norms in the different historical periods, and analyzes the mechanisms and values of national will through the expression of binding norms in different historical periods. The paper strives to deepen the rational knowledge and understanding of binding norms.Second, this paper explores the types of binding norms from the levels of party will intervention, load will nature and function of binding norms .and on the basis of the existing research, the paper discusses the layout principle of binding norms in Corporation law.Finally, the paper reviews layout conditions of binding norms and comes up some legislative proposals.Through the discussion of the paper, the author believes that Corporation law is balance of competition between state power and businessman rights. Therefore, modern Corporation law concept should be defined in the Corporation self-government and the Corporation controls. Without destroying the Corporation law system and legal formalism, Corporation law binding norms becomes the major mode of control and rationally allocating peremptory norms of Corporation law should be the goal of Corporation...