Research On The Concerted Action Agreement From The Perspective Of Contract Law

As one of the important rights of shareholders,voting rights are related to the company's decision-making resolutions,which often affect the interests of shareholders and the company,determine the company's business development and long-term development,thus becoming a "site" for shareholders to compete for,voting rights agent The means of voting for voting rights such as the system and the voting rights trust system have also emerged.The concerted action agreement,one of the means of competition,has been increasingly used by various companies in practice.Although Chinese scholars have already studied the agreement on such voting rights,there is no research result that analyzes the contract-related issues arising from the concerted action agreement from the perspective of the Contract Law.It has only stayed at the level of concept introduction,which has led to the embarrassing situation that the law at the contract level has been inappropriately applied in the judicial practice.The author believes that in the concerted action agreement,since the contract subject is not an ordinary civil subject,the contract object is one of the inherent rights of the shareholders,and also has the dual attributes of the person and the property.The contract has certain special characteristics,and should be mainly studied when researching it.Take the "Contract Law" as a starting point,and combine the shortcomings of the system of business specificity analysis of the concerted action agreement.This paper is devoted to the analysis of the contractual level of the concerted action agreement,refining the problems existing in the system,and providing valuable suggestions for the improvement of the system in response to the existing and possible disputes in practice.This paper is divided into three parts: introduction,body and conclusion.The body is divided into four chapters:The first chapter is an overview of the basic theory.The author makes a generalexposition of the theoretical basis of the concerted action agreement,including its concept,function and nature,and analyzes and compares the system similar to this system.The analysis and research of function and the evidence of institutional rationality emphasize the particularity of such contracts,and lay the foundation for the basic theory and research direction for the later research.The second chapter is to sort out the concerted action agreement with the "Contract Law" as the logical line.The research and discussion of the concerted action agreement is carried out with the "Contract Law" as the logical structure,with the establishment,effectiveness,transfer of rights and obligations of the contract.The contractual remedies for breach of contract are in the order of which laws and regulations should be imposed on the concerted action agreement under the Contract Law.The third chapter is the analysis of the problem of the contract level of the concerted action agreement.In this part,the author started the work of “propose the problem” and “analyze the problem”.The author takes the status quo of the legislation as the background and the establishment of the contract for the existence of the concerted agreement.The issues of contract,such as effectiveness,disclosure obligations,transfer of rights and obligations,and breach of contract relief,have been summarized and integrated,and the authors have identified the issues of discussion in the practical application of the agreed action agreement,and have made substantive The above analysis reveals the institutional flaws in the contractual sense of the concerted action agreement.The fourth chapter is the perfect proposal for the system of concerted action agreement,that is,the work of “solving the problem” for the above-mentioned problems.In this part,the author puts forward certain legal principles and legal rules for the regulation of concerted action agreements.Views and suggestions.Although the contract of the concerted action agreement has been widely used in practice,there is no systematic system design matching in the legislation.In practice,there are still certain problems at the contract level,but there is not enough authority and unified treatment.Better conforming to the rapid development of the economic situation,maintaining the pursuit of efficiency and stability in commercial activities,reflecting the value of the law on the regulation of civil and commercial activities and the continuation of disputes,to improve the system as soon as possible,in response to the reasonable demands of the system for practice.