Defective Established Legal Issues

The company is an organization established according to the law .We can say that the defective incorporation accompanies the company since the formation of the company system .The idea of incorporation defect refers to such legal facts as those that could have a negative impact on the stability of the acquired corporate personality or that could set its corporate personality into a state of disharmony due to some illegal or inappropriate actions during the establishment of the corporation. The main characters of defective incorporation are: the corporation has acquired a valid certificate though the registering form; there are defects in the process of incorporation; the incorporation defect causes to unfavorable effects on the personality of the company. Defective incorporation happens frequently, but the corporation law of our country cannot regulate it effectively. Therefore it has theoretical and values to research on the phenomenon.The paper explores the question of defective incorporation with four parts:Part 1: This is the basic ideal the paper, including the concept of the corporate incorporate, the concept of defective incorporation. This section gives a comprehensive definition about the legal concept of incorporation defect, and then compares it with some relevant legal concepts in order to further grasp its characteristics.Part 2: forms of defective incorporation. In this section, the author analyses the patterns of incorporation defect, which are substantial incorporation defect and procedural incorporation defect.Part 3: law consequence of defective incorporation. The author discusses the legal consequences of incorporation defect from four sections as follows:Firstly, the author discusses the legislations of defective incorporation of the two main legal systems. In civil law, there are three models: null model, withdrawal model and distinguishable denying model, which do not, in principle, admit the legal personality of defective incorporation formations. The difference of these models...