Research On Judicial Relief For Corporate Deadlock

Corporate deadlock is a special case of appearing in the operation process of the Modern Corporation, the company deadlock regardless of the company or the shareholders’ interests constitute serious damage.Causes of corporation deadlock is multiple,but it’s intrinsic reasons, The human nature and the closure is an important cause of deadlock.The deadlock bring it is wide to harm,not only have impact on coporation,but also have negative affect to shareholders,creditor,customer,even whole society.From theoretically have a look,judicial remedy intervention in corporation deadlock have the corresponding theory, The reasonable expectation theory of frustration,remedies precede rights theory, corporate social responsibility theory and the theory of fiduciary duties under the relational contract, provides a theoretical basis for intervention in corporation deadlock judicial relief.At the same time, by referring to the foreign corporation deadlock relief legislation is not difficult to find, whether common law or civil law countries will the judicial dissolution of the company to determine the basic means of judicial remedies, but also create a distinctive judicial relief system, such as the objection of stock exchange system, a temporary appointment and dismissal of directors, exit right right.The provisions of our existing judicial remedy for company deadlock both in substantive law and procedural law has certain deficiencies and shortcomings, so it is necessary to reconstruct our relief system of corporation deadlock, specifically can be achieved by adding a mandatory share purchase system, perfecting the company judicial dissolution system and explore the judicial division of a company system...