Companies To Set Up The Defects Of The Legal Issues

Legal regulations of defective incorporation is an important part of thelegal system of incorporation. The thesis analyzes the legal issues relating todefective incorporations of civil law system and common law system. After this,it puts forward the suggestion that China's corporate law should design a feasiblesystem plan to perfect legal regulations of defective incorporation and establishthe system of defective incorporation nullity in order to deal with thedefectiveness.Except the introduction and conclusion parts, the body of this paper includesthree parts as follows:The first part is the concept analysis of defective incorporation, which is thebasic ideal of the paper, including the concept of incorporation, the concept ofdefective incorporation, the concept of defective incorporation nullity. Corporateoperation begins with corporate incorporation. The operating of corporate isbased on the premise of corporate effective incorporation. After gaining the legalpersonality, the corporates are discovered to have the condition that dose notaccords with legal terms and procedure, which is defective incorporation.The second part discusses the legislations of defective incorporation of thetwo main legal systems. In Civil Law, there are three models: null model,withdrawal model and distinguishable denying model, which do not, in principle,admit the legal personality of defective incorporation corporates. The differenceof these models effects divergence in risks of defective incorporation. There aretwo models of dealing with defective incorporation in Common Law: principleadmission and specific admission. Be civil law countries because of our country,by comparing two grows the legislation example pattern, Our country ought tochoose the legislation pattern drawing the highroad genealogy of law countryand design a feasible system plan to perfect legal regulations of defectiveincorporation and establish the system of defective incorporation nullity.The third part treats China's legislation of defective incorporation, that is,Corporate Law, Article 199, and two Judicial Interpretation of The SupremePeople's Court. Corporate Law, or whether it is Judicial Interpretation of The Supreme People's Court neither set up a set of practical entire feasible legalregulations of defective incorporation. Our country should perfect legalregulations of defective incorporation and establish the system of defectiveincorporation nullity after analytical our country legislation current situation andlegislation basis and significance of carry out the legal system.