The Company Was Founded Before The Contract Responsibility Research

Signing a pre-incorporation contract is a universal phenomenon before the establishment of corporation. The commitment of liabilities incurred by the pre-incorporation contract has a relationship with the deal's stability and security, and simultaneously influences the assignment of risks and benefits among relevant interest entities. Theories and legislation give a full attention to the problem in many countries and areas. The leak in Company Law in our country brings very big puzzle to the judicial practice, but few people do research on the relevant theories. Therefore, there is an important theoretical and practical significance in researching on this subject. This thesis includes five chapters except the preface and the conclusion.Part one is the outline of pre-incorporation contract. In this section, the concept and characteristic of pre-incorporation contract is clearly stated in order to comprehend the meaning fully pre-incorporation contract. Then the bodies of pre-incorporation contracts are analyzed, as well as the forms of pre-incorporation contract so as to study pointedly the commitment of liabilities incurred by the pre-incorporation contract. Finally, The importance of paying attention to the problem is stated, and the author proposed the viewpoint that we can not purely depend on Law of contract to solve the problem, and need to design some special rules in the frame of Company Law.Part two is of the comments on the theories about the commitment of liabilities, according to the result of setting up the company and the forms of pre-incorporation contract, then some suggestions about improving the system is proposed.Part three is the relative research on the legislation about the commitment of liabilities incurred by the pre-incorporation contract, expecting to offer reference to the relevant legislation and administration of justice of our country.Part four is the research on the construction of the system. In part...