Research On The Effectiveness Of The Company's Guarantee Contract Based On The Guarantee Dispute Between Jiang Su Yin Da Technology Co. Ltd And CNBM International Co. Ltd

The new "company law" established in 2005 has made new regulations to the company guarantee. However. in theory and practice, a lot of controversy on this issue.The focus of the debate revolves around the following points. First. Whether the new "company law" article 16 th can be directly used as a basis for determining the effectiveness of the company's external guarantee contract or not ? When violation of this provision will lead to the guarantee contract invalid? Second. the company law article 16 th is the effective standard or administrative specification? What is the object. of the adjustment of the company law article 16th? Third. Whether the "Contract law" article 50 th can be applied in the act of the company guarantee or not? If applicable. How to identify bona fide third party? Fourth. Whether the company article of the association has external effect ? Whether the third person shall review the company article of the association ? And Formal review or substantive examination? Fifth. Which institution have the right to decide the guarantee when guarantee are not written in the company article of the association.The article is divided into three sections, The first part is introducing a case. then Summary the controversial point of the case.The second part is to analyze the disputed points. Including the following sections: First. Identify the nature of the "company law" article16 th, the company law article 16 th is the effective standard or administrative specification? Mandatory provision or arbitrary provisions? Second. When a company violates the "company law" article16 th.the guarantee is invalid or applicable contract law article 50 th.Whether the company with draws the defective resolution will lead to external guarantee act invalid. Third, on the basic of answer the foregoing problems.Discussing the application of the representative in fact in the company guarantee. Primarily discuss the bona fide third party Standard. Fourth, This part mainly discusses Whether the company articles of association of has external effect ? Whether the bona fide third party has the obligation to review the company articles of association. Fifth. Which institution have the right to decide the guarantee when guarantee are not written in the company article of the association.The third part mainly discuss the case verdict. On the basis of the argument and combining many relevant judicial cases,and draw my own opinion which different with the verdict.