On The Establishment Of Civil Contractual Liability Of The Company

The establishment of civil contractual liability of the company is a contract prior to theeffective establishment of the company, the signing of such contracts signed with inevitability.Civil Liability of the establishment of the company contract issues related to the smoothprogress of the market economy transactions and the establishment of mechanisms of socialequity, affect the vital interests of each transaction the main, caused widespread concern in thecountries of the world. Mentioned in the provisions of our country in the latest issued by theCompany Law of the People’s Republic of China (c), but the establishment of the definition ofthe concept of the company is still fuzzy, the guiding role of the judicial practice is limited,while in theory are relatively lacking, therefore, the setting up of the company in civilcontractual responsibility of the problem has great significance. The paper is divided into fourparts, the establishment of the company and its contracted responsibility at different levels.The first part of the establishment of the legal status of the company. This section firstdiscusses the concept of set up in the company, to grasp the connotation of the establishmentof the company pursuant to which the right: to establish the characteristics of the company isthe start time to complete certain tasks for the purpose of and do not have the body of thelegal personality of the organization, but with group sex. With a shipyard contract caseanalysis to establish the legal position of the company under China’s existing legal frameworkThe second part is an overview of the establishment of the civil contract of the company.The second part analyzes the manifestations and attributable to the establishment of thecivil contract. Commitment to the complex nature of the establishment of the contractualobligations of the company, the part attributable to signed contracts to set up in three typicalcases, the signing of the validity of the contract and the name of the company attributable tothe interests of the company signed a contract in his own name for attribution a systematicanalysisThe third part of the author in corporate civil contract responsibility system establishedin our country to build. This section explains the status quo in China before the establishmentof contract in the statute and defects, and improve our company was established before therelevant provisions of the contract the value orientation, transaction security and economicefficiency, and our company set up in the contract responsibility improvement of theinitiative. Reasonable solution to establish the company civil contract responsibility, and not relysolely on the relevant provisions of contract law, should be based on the adjustment of thecommercial relationship needs, transaction security and economic efficiency in the frameworkof company law, the principle of the establishment of a special kind of commercialmattersimputation, in order to balance the company sponsors, set up between the interests ofthe company and the third person, so as to achieve the protection of trading the safety ofpersons expected to promote the prosperity of the market economy and social stability andharmony.