Study On The External Effectiveness Of Defect Resolution

The external effect of a company’s resolution is the effect of a company’s legal action based on a resolution that is not established,invalid,or revoked.Article 85 of the General Principles of the Civil Law and Article 6 of the Judicial Interpretation of the Company Law stipulate the external effects of the company’s resolutions.From the content point of view,it seems that the external validity of the company’s resolutions and its judgment have been clarified.rule.But in fact,after the author searched the 2018 national middle-level and above people’s courts on the external validity of the decision,the judicial practice still has a large number of different or even diametrically opposite referee results,and the referee path is also very different.Therefore,this paper combines the case to study the external effectiveness of the resolution with a new perspective,with a view to contributing to the improvement of judicial practice and legislation.This paper is mainly composed of five parts:The first part introduces the judicial practice of the external effect of the company’s resolution in the form of a case,and summarizes the focus of the dispute.The second part is an introduction to the mechanism of the company’s external resolution.The multiple actions and concepts involved in the external effectiveness of the company’s resolutions are defined and discussed one by one in the context of the external effectiveness of the company’s resolutions.It also studies the mechanism of the external effects of the resolution,namely,why the company’s resolutions have external effects,how to produce external effects,and what external effects.The third part is a reflection on several referee paths that are prevalent in judicial practice,and proposes that the decision-making path is more advantageous in similar cases.The fourth part is the study of the legitimacy and scope of the review obligation.When determining the external validity of the resolution,it is inevitable to judge whether the relative is good or not.This article advocates the basis of the distinction between statutory restrictions and intended restrictions,so that the relatives bear different levels of review obligations.The fifth part is the improvement of the external effectiveness determination rules of the company’s resolution.This article elaborates on the identification of good-will counterparts,the choice of effectiveness models,and the effectiveness of external behaviors,trying to improve the process of identifying the external effects of the resolution.