On The Ban On Civil Rights Abuse Of The Principle Of The Applicable Company Law

This thesis tries to research abuse-of-rights doctrine and its application in corporation law comprehensively , consisting of three parts except introduction.The first section is about the origin and the history of the abuse-of-rights doctrine. Then this thesis explores the establishment and development of this principle in main countries which adapted civil law system: France, Germany, Japan, the Soviet Union, China Taiwan, China main land and the United States.The second section is about the basic theory of abuse-of-rights doctrine. Firtly, it analyzes the connotation of abuse-of-rights. Generally speaking, there are six criteria to judge wether a conduct of exercising of right has established abuse of right. The legal results conclude: invalidness of the right, imposing restriction on the right, avoidness of the conduct and compensation of the damage. Then, it researches the nature and the function of abuse-of-right doctrine. The doctrine is an ethic rule and a general clause. As a ethic rule, it derive from morality. It is the result of law's drawing source from moral. As a general clause, it entitled the judges to use his judicial discretionary power. The function of abuse-of-right doctrine includes: to guide law making, to guide individual's civil conduction, to guide the interpretation of law and to authorize the judge's discretion. In the legal practice, the concrete functions of abuse-of-right doctrine have categorized: to judge tort conduct, to clarify to scope of the concrete right, to reduce the scope of the concrete right.The third section is about abuse-of-right doctrine's application in corporation law. This thesis focuses on the abuse of the majority shareholders' voting rights, the information rights and the shareholder's right of derivative litigation.The thesis draws the conclusion in the end.