| It has been a controversial problem that the corporate legal representative’s ultra vires external in commercial circles.Since 1993 The corporation law was taken into effect and made a bigger improvement in 2005,which made The corporation law from totally a blank into a quiet harmonious current state.The effect of The corporation law has made a positive effect on the corporate legal representative’s ultra vires external to some extent.However,there are no obvious laws against the illegal actions of the corporate legal representative.It has brought about quite a lot discussions on theoretical and reality,which leads the judges always take different attitudes and value orientations in applying the law,different courts take different judging logic in tackling the same case,even in the same court which will have a totally diverse trial result.All of them do a lot harm to the predictability of the law and the conscientiousness of judiciary.In my thesis,analyzing the laws of the corporate legal representative’s illegal external guarantee actions is my subject,from some typical cases such as relevant articles of law and basic theories and the 16 th article of law in The corporation Law in 2005,which contains the law of investigation duty of the corporate legal representative’s ultra vires,the law of improving the system of the corporate representative’s external guarantee.Meanwhile,I will put forward some beneficial suggestions to stop corporate legal representative’s ultra external guaranty. |
