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The Study On Judicial Relief Of The Corporate Deadlock

Posted on:2013-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z X ZhouFull Text:PDF
GTID:2256330425450455Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Corporate deadlock is one of a series of problems that exists in the system of decision ormanagement caused by the confrontation between shareholders and the directors---making themanagerial mechanism corporate system corrupted totally and irreversibly. If this situationcannot be reversed, it will develop into a catastrophe and then spread from the inside to theoutside and from the point to the surface. The issue of corporate deadlock should cause ourdue attention and recognition. How the judiciary get involved into the settlement of the issuesis the key to study the judicial relief in the problem of corporate deadlock.Although The New Company Law in China consists of contents about the essentials ofcorporate deadlock, it is not a systematized legal department, in which the norms areambiguous and sole. Consequently, problems cannot be solved effectively. They maysometimes be able to solve some particular issues, but actually go to the extreme. Because ofthe limitation in Positive Law, it is very necessary and urgent to study this question.Based on a brief analysis of the concept and the main classification of corporate deadlock,this article takes the judicial dissolution of the company system as a breakthrough. Throughanalyzing and comparing company laws between the Anglo-American countries and the civillaw countries, this paper try to consummate the judicial dissolution of the company system.Besides, it will perfect the newly added compulsory equity purchase system and theprovisional director relief system, thus contributing to the settlement of corporate deadlock.
Keywords/Search Tags:Corporate deadlock, Judicial relief, Judicial dissolution, compulsory equitypurchase, Provisional Director
PDF Full Text Request
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