Research On Identification And Application Of Mandatory Rules In The Company Law

The judgment "Company law is private law" shows that,the rule of autonomy is the company law general principles and company autonomy is the overall principles in company. Reflected in regulate structure of company law, led to the company mainly for random. But most countries of legislation practice shows that there are mandatory norms in company law with different extent. So what's significance of mandatory norms in company law ? How to distinguish the mandatory norms and the random norms? Beside, traditional recognitions of mandatory norms in company law, is just from the semantic surface or corporate structure , or only to treat separately in specific cases. Therefore, this paper argues that pay system research and demonstration to mandatory rules in company law.This thesis includes three parts: preface,text and conclusion.Preface is about the value of mandatory norms in company law,the position of company law structure, the value of the identification and application of mandatory norms in company law applies legislative and judicial practice.Text has three parts.PARTI: In this Part,analysis the value of mandatory norms in company law. Firstly, it should be with random norms in priority and mandatory norms in supplementary. Secondly, analysis the significance of mandatory norms in company law. Finally, clear mandatory norms and facultative boundary disputes of the essence of the place, namely that the country compulsory and company autonomy presupposed problem.PART11: In this Part,focuses on the recognition method of mandatory norms in company law. Firstly, this paper combing-out the traditional semantic identification way of mandatory norms in company law is wrong. Secondly, by examining the mandatory norms existing classification identification way of base, this paper points out that mandatory norms recognition should be insisted on typed way, the point is to how to solve the so-called fist question, how to choose more appropriate standard type distinguish way.Thirdly, mandatory norms recognition system construction first requires a company type and corporate affairs divisional perspective. Finally, we need to concern mandatory norms of dynamic switching mechanism, namely from the growth of "Company Law" set out, through local soil case equitable value comparison and the way to identify.PART111:In this Part,dig into the theory of mandatory norms in company law applied to practice and its adjustment. On the one hand, this paper discusses the applicable law mandatory norms theory. On the other hand, this paper discusses the practice of company law mandatory norms for adjustment problems.Conclusion is a summary of the foregoing paper.