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On The Mechanism Of The New Companies Act Of Resolving The Deadlock In The Company

Posted on:2008-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:R YanFull Text:PDF
GTID:2206360212987353Subject:International law
Abstract/Summary:PDF Full Text Request
China has begun to implement the latest Corporation Law of People Republic of China on Jan,1st, 2006(herein referred as new Corporation Law),The new Corporation Law makes some regulations on how to deal with corporation deadlock,The dissertation taking the new amendments of Corporation Law into consideration analyses the definition and the theory of corporation deadlock in other counties,Also ,combining the legal practice in common law system and civil law system and in accordance with the relevant theories of corporation law, the dissertation puts out other alternative solution mechanisms for corporation deadlock in our country,The dissertation consists of six parts,Beginning with the definition of corporation deadlock, the dissertation takes a comparison of corporation deadlock statements in different countries, pointing out corporation deadlock is a legal fact and nonperformance of corporation contracts,According to different standards, corporation deadlock can be classified into three categories,Secondly, the dissertation analyses the reasons of corporation deadlock from corporation theory, economics and judicial practice and corporation deadlock does great potential harms to the insider, the corporation itself and the society,So in order to deal with corporation deadlock correctly, we should insist on self-governance and judicial interference principles,The third part of the dissertation introduces theories on corporation deadlock in common law and civil law systems,The forth part and fifth part deal with corporation deadlock regulations in new Corporation Law of PRC, and author also makes some suggestions on corporation deadlock problems in legal practice,At last, after analyzing the new Corporation Law thoroughly, author points out some other alternative solution mechanisms for corporation deadlock in our country,The creativity of the dissertation is that it divides solution mechanisms for corporation deadlock into two categories, which are precaution solution mechanism and breakout solutionmechanism,And author also gives measures to implement and perfect these solution mechanisms,...
Keywords/Search Tags:new Corporation Law, corporation deadlock, solution mechanisms
PDF Full Text Request
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