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Research On The Legal Status Of The Manager To The External Bodies

Posted on:2018-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:J W LuFull Text:PDF
GTID:2336330518452476Subject:Law
Abstract/Summary:PDF Full Text Request
The discussion of the legal status of the manager to the external bodies is based on the practical needs,which is the requirement of the society to the law.But for now the law can not give the exact solutions.I believe to solve this problem needs to answer two questions:firstly,whether the manager should be given the power of foreign affairs;secondly,if the authority is given then the corresponding legal principles.About the first question,based on the efficiency and security of commercial transactions,the courts and the reality have given a positive answer.In daily life,it is inevitable for the manager to contact the external bodies when he performs his duties.So is unreasonable if manager has no such permission.It may not only damages the interests of the company;but also the damage to the interests of the external counterpart and even the manager;It has created a big problem to solve the second question for courts,they put forward the concept of duty behavior,however the civil law does make a clear regulation but there is a more detailed discussion in the administrative law.In order to solve the second question,the academic circles have put forward the suggestion of reforming the legal representative system in the company.Through the comparative research,although the company representative pluralism is the international mainstream,the amendment will also bring huge costs and other disadvantages.On the contrary,through agency in duty,it can solve difficult question raised by reality and without amending law and can also make good use of the special relationship between civil law and commercial law,which is the most feasible scheme under the current legal conditions.Of course,I do not deny there are a lot of need to be improved in our legal representative system.But for the issues discussed in this article,the amendment is not the best choice.
Keywords/Search Tags:manager, Company representative, Duty behavior, agency in duty
PDF Full Text Request
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