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National Company Law Is Mandatory

Posted on:2009-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y L GuoFull Text:PDF
GTID:2206360245459881Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Companies as the subjects of the commodity economy play a significant function in modern society. The transnational corporations'economic power is surprisingly comparable to a country. They could be a powerful energy to exercise interference on the global economic trends. For the purpose of safeguarding and ruling of the normal operation of the main subjects in the commodity economy and the stability of the social and economy, the function of company law is prominent. Among the regulations and provisions of company law, mandatory rules that directly and powerfully adjust the legal relationship are in the main position. And that is the objects of research of this article, i.e. country mandatory in the company law.It will be divided into three parts to clarify the country mandatory in the company law:In the first part, the basic theory regarding the country mandatory in the company law will be clarified. Based on the analyses the definition of related legal terms, the demonstration will be focused on the forms and performance of country mandatory in company law. Through the comparing with the theory of company autonomy, the author will search for a paratactic approach about the two different theory systems.In the second part, the focus will be changed into country mandatory in the company's account. Firstly, through the introduction of the different doctrines of foreign scholars, theoretical base will be provided further. Secondly,the discussion is surrounded by the limitations of this theoretical proof which are decided according to the interference and restrictions of different factors.Thirdly, the company law will take the responsibility to define the boundary of country mandatory in company law.And through the analyses of examples of legislation of different foreign countries, also combined with the comparing with two company law editions, the author will find out the defects regarding the company law and provide the solutions to the amendment.
Keywords/Search Tags:country mandatory, existence value, finiteness, boundary
PDF Full Text Request
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