The Study Of Basic Problem Of The Pre-incorporation Contract’s Responsibility

To start a company is not a instantaneous movement, but a long-term process instead, especially to build a Joint Stock Limited Company which requires even more amount of preparing work. However, a company does not exist until someone make effort to do so. Also a company cannot build the conditions for it self to exist. It is the promoters’ job to offer every condition that is needed. The contract signed by promoters during the process of build a whole company form zero is Pre-incorporation company contract. Unlike normal type of company’s contract which is clearly simple, the confirmation and definition for the duty of the contract for Pre-incorporation company is more complicated because the contract refers to promoters, the proposed company, third person and the Pre-incorporation company who may more or less have mutual benefit with each other. How to balance each of these parties’ right and duty is the purpose and meaning of study the duty confirming and sharing of the contract for Pre-incorporation company.Question of establishing the company’s commitment to contractual liability on the relevant provisions of the legislation, the promoters of the contract in his own name and in the name of the establishment of the company has signed legislation attribution of responsibility. Nevertheless, due to the unavoidable limitation and lag of legislation, a lot of important conceptions cannot express clearly. Moreover, for the reason that the original rules of law no longer fits the current requirement of economic development as the economic keeps developing and the variation of related rules of law. In order to build accurate and effective laws, on the one hand, we need to study and conclude related foreign legislation. On the other hand, we need to combine it with our national features perfectly. Only based on this can the lawmaker make the most scientific and lively law.The current domestic economic market is actively developing and more and more companies existing so that more attention should be paid to the question of the legislation for Pre-incorporation Company contract duty. The thought of lawmaking could be concluded as “solve two puzzles and protect one benefit”. “Two puzzles” as the vague conception of the basic law for Pre-incorporation com contract and the new problem caused by the new economic element; “one benefit” as the legal special benefit for the sponsor. Trough the above ways, build scientific Pre-incorporation company duty sharing system.