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Research Of Legal Issues About Accelerating The Responsibility Of Shareholder's Contribution Under The Non-bankruptcy

Posted on:2018-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:C L FanFull Text:PDF
GTID:2346330518969647Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The Reform of Company Law in 2013 established a complete system of subscribed capital,expanding the autonomies of shareholders,and canceling the statutorical period of contribution,so shareholder can contract the period freely.Under this background,how to protect the interests of the creditors? So we have to carry out the Accelerating the Responsibility of Shareholder's Contribution immediately.According to current Judicial Interpretations of Company Law and the Theory of Legal Debt.we can confirm that the system of accelerating the responsibility of shareholder's contribution is legal and reasonable,meanwhile,this system was not overly aggravating the shareholder's responsibility.It is limited to the part of not yet contribution.The shareholder is the second subject to take the responsibility,only in the case of company can't pay off debts and compulsorily executed by a people's court.The system will be the basis of the Theory of Legal Debt.,and definite confirm the rights of contracting period freely,recognizing the cases of shareholder 's contribution by with the objective standard.The shareholder will have preemptive right to defense in undertaking the Complementary Liability for Compensation,and apply the principle of Reversing Onus of Proof in the lawsuit.
Keywords/Search Tags:Responsibility of Shareholder's Contribution, Protect the interests of the creditors, System of subscribed capital, Complementary Liability for Compensation, Accelerating
PDF Full Text Request
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