Shareholders In Violation Of The Funded Obligations Of The Legal Consequences Of Research

The Law of Corporations of the People's Republic of China, as a fundamental of market economy, played an important role in the process of socialism market economy construction. But, with the development of market economy construction and under the influence of WTO, the weak aspect of the Corporations Law appears .So it is an important task to revise it.The contribution institution is an important system in corporations Law. Offering contribution is a basic obligation for shareholders and it is the premise to have stockholder's right and to bear limited liability for shareholders. Furthermore, shareholders' contribution is the foundation of the capitalization of the corporation. The relation between the legal personality of corporation and the contribution is distinct. So if some shareholder violates his obligation of contribution, the benefit of the corporation, other shareholders and the creditor of corporation will be infringed. So the shareholder who violates his obligation of contribution should bear strict legal consequence. However, our Corporations Law has many shortages in this aspect. The author think that the consequence for breach of shareholders' obligation of contribution should be studied carefully to try to improve our Corporation Law.The thesis consists of four parts besides the preface and the postscript, about 33 000 words.Part one mainly introduces the basic situation of shareholder's obligation of contribution. Firstly, the article analyses the character of the obligation of contribution. The author thinks this obligation is a kind of contract obligation with some special character. Secondly, the article introduces the connection between the institution of corporation capitalization and the obligation of contribution. Finally, this article introduces the kinds of violating the obligation of contribution.Part two is mainly about one of the consequence of violating the obligation of contribution--the rights of the shareholder should belimited. Shareholders get the rights of shareholder by his qualification of shareholder. The article introduces some means by which shareholders make their qualifications certain by law. In this part, the author put forward the method how to limit the rights of shareholder.Part three mainly introduces another consequence--civilliability .The defective contributor should bear liabilities for breach of contribution obligation. The founder who performed the obligation of contribution should bear the liability to complement the capitalization. The organ engaged in the assessment of capital should owe liability for compensation when he offers false certification on assessment of capital.Part four points out the defects of our Corporation Law, and presents detailed idea of construction of the consequence for breach of the contribution obligation.