A Study Of The Principle Of Rechtsscheintheorie In Dormant Investment

Rechtsscheintheorie is a very important principle in company law.Especially in dormant investment,it plays a crucial role for the protect of the third acting in good faith,transaction security and raising of funds.Rechtsscheintheorie is the basic principle of commercial activity.people have achieve some degree of consensus about this,but there are many problems in dormant investment.With the increasing of dormant investment,the disputes become more normal in practice.lt is very important to regular the application of rechtsscherintheorie in dormant investment for resolving disputes.So this article will discuss how to apply rechtsscherintheorie in dormant investment of Company Law.The paper is divided into three parts,including the introduction,the body and the conclusion:The body part is divided into three chapters.The first part is about the overview of applying rechtsscheintheorie in dormant investment.Firstly,we will show the composition of rechtsscheintheorie.Secondly,we will introduce the premise and significance of applying rechtsscheintheorie in dormant investment.By introducing function for the protect of the third acting in good faith,transaction security and raising of funds of applying of rechtsscheintheorie in dormant investment,people can have a preliminary cognition to rechtsscheintheorie.The second part is the present situation of applying rechtsscheintheorie in dormant investment.By analyzing the reality demand of dormant investment and researching existing provision,we should clear the scope of application of rechtsscheintheorie.The three part are about problems of applying rechtsscheintheorie in dormant investment and some advice for these problems.In view of the existing problem,we should consider every interest body and put forward measures including affirming shareholder qualification standards in dormant investment,coordinating the contract systems of dormant investment,perfecting the legal liability system of dormant investment. We hope these measures can promote the applying of rechtsscheintheorie in dormant investment.Company Law of the People’s Republic of China is not appear "dormant investment", so there are not specific previsions about dormant investment. Judicial interpretation and guidance suggestion of the higher people’s court make provisions for dormant investment, but these provisions are too simple and guidance standard is disunity. So they can not make effective norms and guidance for dormant investment and lead to the judge standard disunity. By analyzing the current law and pointing the shortage of legislation,We hope these suggestions and measures can promote the application of rechtsscheintheorie in dormant investment regularly.Disputes in dormant investment can be effectively solved in the future.