Font Size: a A A

Research On The Effectiveness Of The Company's Ultra Vires Guarantee

Posted on:2019-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2346330542986146Subject:Law
Abstract/Summary:PDF Full Text Request
Law is the social norm of adjusting people's behavior.With the development of society and the change of law,conflicts between different laws will inevitably produce conflict of application or understanding.Before the emergence of the company,the logic and symmetry of the original legal system,the history and habits of the application of the law,did not incorporate the market body of the company.The "company law" before the implementation of 10 years,and the key is to standardize the company's own organization and behavior,for the problem of the guarantee contract no detailed ruling,because it failed to take into account the needs of social development in the conflict and related legal norms,resulting in the applicable law can not form a unified understanding.This paper consists of four parts,first through the method of normative analysis and empirical analysis of the "contract law","guarantee law","company law" the relevant provisions of the comparative study,and choose some typical cases,the way for our country to guarantee ultra vires case for research and analysis,its purpose is to find out in the the "company law" and "guarantee law" and its interpretation in the process of application and the cause of controversy is the focus of publicity,the judge of the constitution review obligation,the third person in good faith judgment effect factors of different understanding,to understand the current situation of our law is unclear.Secondly,carries on the discussion through the decisive factor effect on effect of ultra vires guarantee,by comparing the opinions of different scholars put forward their own views,find the effect under the condition of different means of identification,in order to balance the social effect and the legal effect of the maximum.Thirdly,the paper compares the legislative choice,effectiveness,determination and amendment methods of multinational companies under the circumstances of ultra vires guarantee,and makes a useful inspiration for the improvement of our legislation.Finally,put forward a unified external guarantee the validity of proposed legislation in China should be effective in clarifying company external guarantee,strengthen internal management and improve the mechanism of company creditor's censorship,limit this behavior from its source,and safeguard the orderly development of the market.
Keywords/Search Tags:Ultra vires guarantee, guarantee effect, The company's articles of association, Legal perfection
PDF Full Text Request
Related items