Study On Legal Issues Of The Contractual Operation Of Company

The contractual operation of company was a complete new system, which was not a successor to the Continental law and Anglo-American Law theoretically. Study on the issue of contractual operation of company could not only be helpful for analyzing the validity of its existence from the law and the theory, but also for building a governance structure scientifically, efficiently and logically for the modern company, because this problem is highly connected with autonomy of company, choice of modes of company’s management and so on.There is so much situation of contractual operation of company in practice. Disputes often lie in the effectiveness of the contract. But there is no such explicit statement in Company Law and other relevant laws. In the judicial practice, there are different judgments to the validity of the contractual operation of company contracts. There is a huge controversy in practice and theory on the issue of contractual operation of company. This problem is a leading edge problem in practice of the Company Law and research on it would be helpful for understanding and dealing with such disputes in the theory and in practice.This article on the perspective of law, using theoretical analysis method, comparative analysis method and positive analysis method, first of all, research on the nature of contractual operation of company, then study on the validity of contractual operation of company contract which is the contractual operation of company’s basic legal document. Next, it analyze the function of contractual operation of company. At length, against the negative aspects of contractual operation of company, put forward relevant improvement and legal suggestions.