Font Size: a A A

Research Of Contractual Liability In Securities Law

Posted on:2012-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:T T DuanFull Text:PDF
GTID:2216330368489918Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Compared with the ordinary contractual liability, the third person undertakes the legal obligation to the treaty contents, the contractual liability and the right infringement responsibility the probability which competes gathers are higher, the contract behavior is easier to cause the right infringement harm result the production in negotiable securities contractual liability. However, the law in our country actually does not arrive to the negotiable securities contractual liability's stipulation. " Law of contract" which Carries out "people business unites" the legislative style has not integrated specifically the negotiable securities contract its setting range during the legislation. This causes the negotiable securities contractual liability only to be restricted in its principled stipulation. "Securities law" is the securities trading supervision law, so it establishes the negotiable securities administrative responsibility and the legal responsibility primarily, and must be short a lot relatively to the negotiable securities contract civil liability's stipulation in legal liability's hypothesis. It also stipulates the negotiable securities right infringement responsibility primarily in only stipulation negotiable securities civil liability article, only then extremely little the partial articles involve the negotiable securities contractual liability. This article begins from combing the contract elementary theory to obtain in the securities law, discriminates the characteristic of negotiable securities contractual liability, examines legislation flaw of related negotiable securities contractual liability in our country, puts forward target-oriented concrete legislative proposal to consummate negotiable securities contractual liability. Primary coverage including the following three parts:Part one:" elementary theory of securities law contract ".Defines clearly the contract characteristic in securities law, carry on the analysis regarding the securities issue subscriber contract and so on eight kind of main negotiable securities contract's concept and the nature, carry on selective analysis the characteristics of negotiable securities contractual liability that the third person undertakes the legal obligation to the treaty contents, the contractual liability and the right infringement responsibility the probability which competes gathers are higher, the contract behavior is easier to cause the right infringement harm result the production in negotiable securities contractual liability.Part two:"legislative predicament of securities law contractual liability in our country ".Inventory the negotiable securities contractual liability stipulation and the legal flaw of "Securities law" in the securities issue and the negotiable securities in our country, carry on selective analysis that the civil liability boundary of illegal release has been unclear, the civil liability stipulation of sells business and guarantees is too simple when they recommends the organization violation, the civil liability stipulation of to be listed purchases the violation is insufficient consummation, financing securities loan system and contractual liability is flaw, negotiable securities request managing finances contract contractual liability is flaw and so on.Part three:"legislative suggestion which consummates the contractual liability of securities law in our country".Elaborate the necessity of consummation the contractual liability in securities law, carries on to other national and the area about the negotiable securities contractual liability's related stipulation analyzes and uses for reference, points out that in order to consummate securities law contractual liability, we should follow the principles of that:the starting point and the primary purpose is to protect investor's benefit, it must be consider carefully to legal obligation's hypothesis of the third person, be attention to the coordinated of other related legal. Proposed the legislative suggestion that consummates the contractual liability of securities law in our country in following aspects:increases the civil legal liability stipulation of illegal release, increases the civil legal liability stipulation of the credit corroborative in both urban and rural areas recommends the organization and so on Facilitating agency, the civil liability stipulation must be carry on the supplement of to be listed purchases the behavior aspect.
Keywords/Search Tags:Negotiable securities contract, Contractual liability, Legislation consummates
PDF Full Text Request
Related items