The External Guarantee Of A Limited Liability Company Violates The Validity Of The Articles Of Association

The company's external warranty is that the company provides warranty for others with its assets or credit.With the development of social economy,the company's warranty phenomenon is becoming more and more common.But in real life there are many factors that affect the foreign warranted contract effectiveness,such as the company's articles of association,the company's internal warranted decision.So this paper mainly research the effectiveness of the warranty in violation of the company's articles of association about CO.LTD.This paper mainly be divided into three parts,The first part mainly analyses the general warranty and associated warranty according to the law stipulated in article 16,and distinguish between behavior belongs to the internal legal relationship,which belongs to the external legal relations.The second part analyzed the company's articles of association of the internal and external effect,because its effectiveness classification have important influence on the validity of the warranted contract and then mainly based on the analysis of the company's articles of association and the relevant key issues of external warranty to discusses the effectiveness of the limited liability company in violation of the external warranty of the articles of association.It mainly includes: the external warranty of the agency that violates the company's articles of association and the validity of the warranty contract;The legal representative,director and manager overpower the external warranty and the validity of the external warranted contract;The articles of association shall not warranty the validity of the external warranted contract;The provisions of the articles of association shall not be stipulated in the contract.The third part mainly analyzes the Supreme Court's judicial interpretation and application.