Research On The Issue Of Corporate Contractual Responsibility First

In the process of establishing the company,the sharing of the company's contractual responsibilities first involves the balancing of interests among the three parties involved in the transaction,and it is related to the stability and security of the company's contract transactions.Therefore,in order for the company to be successfully established,it is very important to guarantee the balance of the interests of the three parties in the company's contract transactions.This paper mainly studies the burden of the company's contract liability from the following aspects.Analyze three issues in the company's contract first and find out the issues that the court disputed in the process of hearing the case,that is,the issue of focus.Then,a legal analysis was conducted on the focus of disputes on the above three previously signed company contracts.Prior to the legal analysis,a theoretical overview of the prior company contracts was needed.The issues concerning the legal status of the company in the process of its establishment and the legal effects of the contracts entered into by the company during the establishment process,especially the effectiveness of the signing of the company's contract in the name of the companybeing established and the liability assumptions are the blank of legislation.Theoretically,the initiator initiates related activities that are performed internally and is called initiation.The initiator has nothing to do with third parties outside the company;the initiator's external actions,ie,the third party's related actions,are called transactions.Acts and transactions can be divided into necessary transactions and non-essential transactions according to whether the contract is related to the establishment of the company.The identities of the sponsors' behaviors can be combined with the principle of the interest borne by the responsibilities and are conducive to the determination of the responsibilities of the company's contractual responsibilities.The issue of contractual liability for companies in the first place is rather complicated,and there is considerable debate in the academic community.In the establishment of the company,the company analyzes and resolves the responsibility of the company's contractual liability.The author argues that the attribution of the company's contractual obligations should be analyzed based on the sponsor's signature of the principal in the company's prior company contract,the attributes of the contract,the attribution of the contract's benefits,and the system of goodwill third parties.Realize the balance of interests of the tripartite parties in the company contract.The author assumes that in addition to the nominal standards prescribed in Exp.3,it is necessary to introduce the criteria for the attribution of contractual interests and the system of goodwill for third parties.According to the nominal standards,the sponsors shall bear the responsibility by themselves,and it may be added that the stipulation is that if the sponsor can prove that the benefits of the company contract first belong to the company,the company should bear the responsibility,but the liability of the company's contract is not It should affect the protection of the interests of third parties.As for the responsibility for the contract of the prior company signed in the name of the establishment company,the author believes that the explanation 3 sets out the nominal standards and interest standards as well as the third party system in good faith,but it is necessary to introduce the attributes of the contract in the case of difficult ownership of the evidence..The responsibility for the contract of the first company signed in the name of the company established is to analyze whether the third party knows the fact that the company has not yet beenestablished.The author believes that if the third party knows that the company contract is in principle assumed by the company established,because the sponsor does not swindle the third party under the circumstances,but if the company is established,it can prove the company or company first.If the contract belongs to a non-essential transaction contract,the sponsor is responsible for it.Conversely,if the third party does not know the fact that the company has not yet been established,in this case the sponsor may establish a contract fraud against the third party and the contract will also become a revocable contract.This paper summarizes and draws on judicial revelation on the basis of analyzing and solving the above-mentioned problem of contractual liability of the first company.Suggestions are made to supplement China's deficiencies in the company's contractual legislation,reduce disputes in judicial practice,save judicial costs,and ensure the security and stability of company's contract transactions.