Study On Liability For Breach Investment Contract Of Sponsors Of Orporation

In the legal system of the company，the system of the sponsor occupies a very importantposition. From a legal perspective, the establishment of company is that the sponsorsaccomplish the specific legal conduct for the formation of the company and the legalpersonality in accordance with the relevant provisions of the law. The activities of theestablishments of the company are around the sponsors’ conducts, so the sponsors’ conductsare in relation to ultimate successful establishment of the company, the interests of therelevant parties, and even the social public. To subscribe capital contribution or shares is thesponsors’ legal obligation for the successful establishment of company. When they fail toperform the obligation, or defective capital contribution, they shall assume the responsibilityfor breach of contract. This paper discusses mainly the sponsors’ legal responsibility of thebreach of investment.Firstly, this paper expounds the legal status of the sponsors. To define the importance ofthe legal status of the sponsors and the importance of the obligation of capital contributionthrough the introduction and comparison of the definition of the sponsor in the theoreticalcircle, the discussion of the restriction upon the sponsors, and the legal status of companysponsors in the angle American law system and continental law system.Secondly, to discuss the responsibility of capital contribution of the sponsor on theground of the importance of the sponsor legal status. The essence of the contract is toundertake corresponding obligations for the parties according to the agreement. And theessence of the contract obligation is the sponsor’s obligations in accordance with theagreement of the sponsors and the company’s articles of agreement. It is the capitalcontribution obligation on the performance of investment. If the sponsors do not act thecontribution form of payment in accordance with the law, they violate the substantial capitalprinciple and bear the liability for breach of contract.Thirdly, this paper expounds the liability for the breach of capital contribution ofsponsors. First of all, this paper discusses the defect investment’s form from two aspects.Secondly, the sponsors must apply strict liability for the breach of contract. This is tosafeguard the national economic construction and maintenance of market order. Thirdly, toillustrate the sponsors’ responsibility system of breach of contract from three aspects. At last, to perfect the sponsors’ responsibility system of breach of contract. First of all, toexpend the sponsors’ scope of the breach of contract. Secondly, to perfect the regulationsabout the loss power program. Thirdly, to perfect the sponsors’ liability for contributionpayment of responsibility and the investment guarantee responsibility. Finally, the companyshall have the options to prosecute the responsibility of breach of contract so as to render thesponsors liable to legal action for breach of contract appropriately.