| As a profitable business entity in economic life,every decision of a company is not only related to its own interests,but also to the interests of its internal members,creditors,potential investors and other stakeholders.The various resolutions made by the company in the course of business are related to the protection of the interests of these subjects.The company forms a resolution based on the principle of majority decision.A good company resolution system is of great significance to protect the rights and interests of the internal members of the company,promote the healthy operation of the company and the sustainable development of the national economy.However,in the actual operation of the company,it is often the case that the meeting of the company resolution is inconsistent with the statutory procedures.The content of the company resolution violates the law and other circumstances that lead to the company’s resolution appearing to be defective.The defective company resolution needs to be accurately recognized by the law for the effectiveness of the defect and get the corresponding relief.Civil law belongs to individual law,and the idea that company law belongs to group law is now being accepted by society.From the perspective of group law,starting from the difference between decision-making behavior and legal behavior,on the premise of analyzing various theoretical theories,supporting the decision-making behavior is a special legal behavior with the characteristics of group law;The application research of the resolution is not established in judicial practice is the focus of the theory of resolution defects,combined with the individual problems existing in the provisions of the company’s resolution is not established,applying the basic theory of civil and commercial law to further explain the problems in judicial practice. |
