A Research On The No.1333Judgment Of2009of The Supreme Court Of Taiwan

The No.1333Judgment of2009of The Supreme Court of Taiwan brought a fierce argument in the lawyers,judges and legal professors of Taiwan. Firstly, it is analyzed in the thesis the importance of this case and Judgment,and the points of the professors who are interested in this case.Secondly,it give thereason why Taiwan law system is chose to be the comparable object,and thefact that the law system of Main Land of China is affected by Taiwan deeply for a long time.Meanwhile the research have a far-reaching significance in the field of region trad.Thirdly,it analyze the arguments and viewpoints of thecourts of Taiwan.By doing this, the thesis conclude the main points of the case that how to judge the real intent of the contractors, how to judge the legal nature of the contract between stockholders, how to judge the effectivenessof the contract between stockholders when it violate the banning regulations,how to confirm the personal responsibility of the director of the company when he tort by job duty,and how to select the appropriate clauses between Civil Law and Company Law to protect the person who are damaged.By using explaining method,the thesis discuss the case by putting it intothe law system of both Main Land of China and Taiwan.The conclusions arefollows.Firstly,the determination and the content of the contract have to be judged by the real intent of the contractors.Secondly,when the contract violates the banning regulations,it will still build the contract relationship between the contactors,but the company and the other right holders will not be affected.Inother words,when a contractor use his voting right in the general meeting ofstockholders,the decision of the meeting is still effective.The contractor do nothave the right to sue that the decision is noneffective,but have the right to claim the creditor`s rights. Thirdly, Civil Law and Company Law both have their own governance field.Fourthly,stockholders is a part of company,they do n ot have the rights to sue by the clauses of Company Law before they have tried to protect their rights by using the internal procedure of company. Fifthly,Company Law is a special Law to Civil Law, it provides more effective clauses in a higher level to protect the stockholders`rights.