| Since trust legal system in common law country is quite developed, there is no need to legislate specific legal rule towards the dormant investment, although recently, the dormant investment presents as a global economic phenomenon. But in the continental law countries, the relevant content of dormant investment cannot be invoked in either shareholder qualification or capital contribution system of company law, which should give rise to its complexity and legislative limitation. Since there is no unified criterion towards the dormant investment, how to put the dormant investment into application in both legal research and judicial practice area has gradually become the focus. Accordingly, due to the absence of clarified legal contents of the dormant investment, which has turned into a nationwide phenomenon, disputes are prone to be taken place between dormant partners and other parties. Whether dormant investors are qualified to be shareholders, how to resolve the disputes concerning the rights and obligations of the dormant partner, whether the rights and obligations of the dormant partner should have legislative norms are all problems in front of us that urgently need to be solved.Serious consequences will be raised if dormant investment has not been regulated properly. People with illegal purpose will take advantage of the limitation of dormant investment to make biggest profits, which will result in the loss of legal rights and interests. Nowadays, dormant investment cases have been given similar adjustment, but dealt with respectively on the basis of different situations, it has and will leave negative impact on not only the authorization and justification of justice, but also the health and stabilization of market economy.This dissertation is divided into three parts:introduction, main text and conclusion, in which the main text is divided into four chapters. Combined with the current situations of Chinese legislation, this dissertation aims to perfect company law system and putting forward solutions to the dormant investment settlement by means of the analysis of the dormant investment, qualification of dormant shareholders, dispute settlement system, and dormant legislation research in different countries and so on. |
