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The Legal Way To Solve The Corporate Deadlock

Posted on:2014-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhuFull Text:PDF
GTID:2296330425979376Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Corporate deadlock occurs frequently in the daily operation of the company.Corporate deadlock not only endangers the interests of shareholders and the interestsof the company, but also endangers the normal order of market economy. In our country,the legislation about company deadlock is less expressly, and the provisions of the law is vague.The article discussed the consideration of company deadlock by a case, in-depthdiscussion of corporate deadlock remedies elements, and the actual judicial practice.Through the thinking of the case, it makes us to think about the inadequate legislationand the improvement on corporate deadlock. In addition to the introduction andconclusion, including three parts, namely the introduction of the case, the focus ofcontroversy, the law improvement of company deadlock.The first part is the introduction of the case. This paper leads to the focus ofcontroversy through a case. This case have four focus of controversy, the focus of controversyis the element of the corporate deadlock. The second part of the article will focus on thefocus of controversy in detail.The second part of the article will focus on the focus of controversy in detail.Firstly, this paper discussed the case whether belongs to the company deadlock, thepaper makes a detailed explanation of the concept and the characteristics of thecorporation deadlock. Secondly, this paper discussed the connotation and definition of"the serious difficulties " and " the management and shareholder interests suffer heavylosses " with the case. Thirdly, this paper analyzes the range of "it cannot be solvedthrough other approaches". Finally, there is a dispute about the price of the equityshares, this article also analyzes the determined manner of the stock price in ourcountry. In this section, the element of corporation deadlock is discussed in detail, andthere will be a detailed analysis of the connotation of the relevant laws.The third part is the perfection of the company law in our country. Through thecase’s analysis, it makes us know the shortcomings and defects of the legislation and theoutside of the law, and this paper give some suggestions to improve. From the legislative level,through some of the advanced western legal system combined with the actual conditions of ourcountry, this paper suggests a series of institutional building. From the outside of the law’slevel, through the arbitration and the company’s articles of association, this paper settles andavoids the company deadlock. Through the discussion of the second part, let us know the clarity of the legal deficiencies in china. This part will be through legislation and theoutside of the law’s improving to solve corporate deadlock in our country.
Keywords/Search Tags:corporate deadlock, company dissolution, judicatory relieve
PDF Full Text Request
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