A Study On Contracting Nature Of Corporation Equity Systerm In The View Of Theory Of Law And Economics

Law and Economics of models and tools for the company law system based on equity theory, equity system demonstrated the formation of closer economic foundation and legal basis for the contract to explore the system properties of equity shares on the traditional function of the nature of the value of theory to fill a vacancy; to Property as a starting point of contract options to configure the voting rights and dividend distribution of contractual and contractual claims configured to focus on self-government under the articles of association of the basic rights of shareholding system, the configuration framework and laws of matter; by analyzing the transfer of shares in different companies Interests of the game and the selection and operation guarantee mechanism of equity contractual arrangements deeper reflection and options contracts property.The first chapter describes the origin and significance of this study, as well as companies contract theory, mechanism of equity issues related to contract research status on academic achievement has been a summary and review, this study leads to major problems.The second chapter to clarify the properties of the Company Law of Contract in equity instruments that the company law and economics in contract theory. This section reviews the rise of new institutional economics, contract theory and corporate development, analysis of the equity system of contract attributes specific model analysis tools, interpret the law and economics model to explain the characteristics of the company’s contractual and company law.The third chapter focuses on options for the company law of contract formation mechanism of the system property analysis. Detailed analysis of the formation of the principle of equity, the company’s articles of association of attributes of contract, articles of association is a dynamic and adaptable, the free selective company autonomy contract. Economics through the legal system of the equity of the property contract, the process itself is not the answer to get fixed, more to provide a more open perspective and ideas, the traditional theory of economic equity to judge the legitimacy and value added, While shares of the Company Law of2005, the formation mechanism of the problems in the thinking.The fourth chapter focuses on options for the system of company law the right to lease property of the content analysis. The rights of the equity system of the main contents of specific issues, for the equity allocation of contractual content comparison analysis of the contents of the equity allocation of contractual principles and law come to his own opinion, pointed out the scientific interpretation of shares of Company Law Content contractual configuration is the capital market outlook for financing innovation.The fifth Chapter focusing on company law regime of the main options to change the design attributes of the contract. Pointed out that the premise of the model in different companies, the company the difference between the economic structure, holding company for the closure of share transfer restrictions, and contractual transfer of shares publicly held company in the contractual limitations are discussed, pointing out that the share transfer In the interests of the game and choice of system for transfer of shares of the Company Law of the problems of the system have also been thinking. The sixth Chapter of the Contract Law option properties of the system raised to the level of modernization of China’s Company Law, analyzes the trends of modern company law and corporate law system of supply capacity, that property is the Law Option Contract in the main line of company law And soul, and finally, the establishment of innovative new credit covenants content of company law contract theory, the initial construction of the Law of the credit system. Innovation and competition in the market pointed out that freedom and competition in the market of credit is in the wings to take off; in the credit system construction in the company is as important as company law and corporate freedom of spirit.