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Rescission Of A Contract For The Benefit Of Third Parties

Posted on:2020-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:L YanFull Text:PDF
GTID:2416330623454114Subject:legal
Abstract/Summary:PDF Full Text Request
With the development of economy,the related guarantees are prevalent.On the one hand,it helps companies solve financing problems,and on the other hand,seeking personal interests to damage the interests of the company,causing the "indiscriminate insurance" cycle.Company Law of China sets a pre-procedure for the resolution of related guarantees,but it does not clarify the definition,normative nature and legal consequences.Therefore,there are differences in the effectiveness of related guarantees without a resolution.Based on this,the normative nature of Article 16(2)of the Company Law is identified,however,it is impossible to determine.According to the relationship,the scope of related partiers is not limited to a certain type of subject.Extraterritorial legislations have the same trend for related guarantees,China's legislation is also a restricted mode.Normative nature analysis method can't solve the problem of follow-up effectiveness,the internal resolution of the company and the effectiveness of the external contract should be separately determined.If the company provides the related guarantee without a resolution,it should comply with the provisions of Article 50 of the Contract Law.Even though the ultra-rights representatives have legal loopholes,there are two explanation paths are proposed: one is the quasi-use unauthorized agency system,which gives the company the right to ratify;the other is the constitute elements of apparent representative,based on the normative basis,and puts forward the judgment standard of bona fide third parties,to fill in the legal loopholes,it is more referable.The company's lack of resolution to provide the relevant guarantees is the focus of this paper,that is,the effectiveness of the company's over-authority guarantee.The author believes that the procedural restrictions of internal resolutions are not related tothe effectiveness of external contracts,and the analysis of normative nature has limitations,which should be based on the effectiveness of the ultra vires representative and the constituent elements of the representative.
Keywords/Search Tags:Related guarantee, Normative nature, Legal validity, Over-authority guarantee, Apparent representative
PDF Full Text Request
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