Research On Dormantpartner

There are lots of dormant partners in practice of our corporations, but the question that how to fix the dormant partners position in law has not been solved as yet. The agreed views in theory and practice has not been formed, and the dormant partners construction in legal system still be lagged. Although the judicial interpretation of corporation affirmed the fact that dormant partners have got just claim, the jurisprudence of solving the question has not been formed so far, so it is necessary for us to develop a deep research on dormant partner’s question. The thesis discusses dormant partners question in the way of comparative study via the relationship between stockholder’s rights and trust relationship, in order to arouse more attention to the problems and encourage people work hard for the solutions.The preface, main body, and conclusion will be represented in the thesis. There are three chapters in the main body as follow:Chapter one puts forward a description about the basic concept of share holders, contents of stockholder’s right, and requirements of obtaining stockholder’s rights. As stated, that is helpful for us to identify the contents of dormant partners’rights and the mode of exercise of rights.Chapter two elaborates the concept of dormant partner, and analyzes the reasons and legal risks of dormant partner, by the analysis of three kinds of theories, points out the defect that measuring the dormant partners’position in law at this stage is not measurable, so it is necessary to find out the new theory to solve the question. In chapter three of the thesis, on account of the autonomy of will in company act and trust law, and by analyzing similarities and differences between dormant partner agreement and stock trust agreement, that will help us to summarize similarities of these two agreements, with the help of the similarities, we can propose the theory that there is a possibility to solve the question by constructing the stock trust system.