Invalid Incorporation. Study

Nullity of company establishment is an important law system dealing with the company null establishment in foreign countries. In the17th century, this sort of law was established in France, and the theories of nullity of company establishment have developed perfectly with several centuries going by. Combined with the reasonable legislation skills, the law of Nullity of company establishment has set up a stable in the Commercial Law Code. At present, the law of Nullity of company establishment has established in these countries and regions, such as German. Japan, and Italy etc. Chinese corporate system started late and the similar organizations appeared during Ming and Qing Dynasty. Until1993. our country had the first Company Law. after that, with the development of Chinese economy and the deep study of company theories carrying on; it was improved and changed in the years of2005.2006.2008and2010. So far the law of nullity of company establishment hasn't been established in China. The thesis analyzed whether our country should found the nullity of company establishment and how to construct the law of nullity of company establishment if setting up a company.In order to analyze these questions clearly, firstly the thesis is going to adopt the way of comparison, which do some researches and comparisons about foreign companies' legislation, and then combine the comparative studies on the objective development situation of companies in China:secondly it will study the literary works which relevant to the law of nullity of company establishment by means of documentary; thirdly, the thesis will analyze the economic value of the law of nullity of company establishment in China in light of economics:besides, it will study the law by means of concept study.The content of study will start from the concept of company establishment nullity to discuss the necessity of company establishment nullity law's independent existence by comparing the company establishment law with other similar company laws. Based on those, the thesis will introduce the latest research theories about the law of company establishment nullity from abroad. In the meanwhile.comparing the legislation from abroad with the domestic would make our country find the weakness of our legislation; furthermore, this can provides the necessity of our law of company establishment nullity. At last, the thesis advocates the founding on the law of nullity of company establishment.The law of nullity of company establishment is of great importance to our country's company legislation and it doesn't mean to imitate the overseas laws simply. Its establishment can call people attention to their conducts when they are going to set up a company, and it can reduce the problems in the process of company establishment. Besides, it can provide the economic cell-form effect of companies with guarantee and make personalities of a company perfect. Thus it's very essential to found the law of nullity of company establishment in China.