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The problem studies a certain number of law of the corporation in establishing
From;    Author:Stand originally
Content summary: The company in establishing serves as the objective existence before the company holds water, to the company establish having stimulative effect, however, review each national law practice and academic research, right the relevant law problem of the company in establishing is discussed very indigent however, accordingly, the article is right the company in establishing whether the civil principal part that makes independence and its are civil how did ability reach its character issue to make discuss, go up in this foundation, put forward compose to construct the legislative proposal of system of law of the corporation in standing.
Keyword: Independent and civil main body establishs the company in establishing to be not legal person mass organizations mediumly civil ability is special responsibility
The position of civil main body of the company in establishing
The company in establishing is to point to " by conclude rise when constitution to register the company that corporate organization has not acquire before finishing. " academia with respect to issue of seniority of civil principal part of the company in establishing, still put in controversy. Legislation of our country economy still does not have specific provision to this. Author view gifts clearly its are civil main body position, reason is as follows:
The practice that establishs from the company looks, current the company legislation of our country, our country " the company registers regulation " regulation, without the company approve of the mechanism that register registers, must not be engaged in running an activity with company name. Accordingly, initiator has two kinds of choices only, or the name with him initiator, or in order to establish in the name of the company, if not have " the company in establishing " this one view, so initiator can sign a contract with him name only, in establishing a procedure initiator is the property that the company acquires, if identify a money of a person pay, contributive objective, can be attributed to sponsor under one's name only, wait for a company to establish after registering, turn over a company by initiator again, such doing not only frame-up character does not arrange the name, and the trouble that increased to establish a program to go up, do not accord with trade issue law " quick creed " the underlying demand of basic principle and system are reflected, accordingly, law gifts its are civil the qualification of main body, it is not only must and it is agog.
From inside establish the relation of the company and initiator, company after holding water looks, should gift its are civil main body position. Initiator, constitution and capital are the 3 gist element that the company establishs, do not have the company in establishing without initiator, more do not talk to go up the company after holding water. To the concept of initiator, press the general principle of company method, initiator is to point to make way and sign on constitution the person of affix one's seal. About initiator and the relation of the company in establishing, most scholar is held " office of the firm in establishing says " , think initiator is the executive mechanism of the company in establishing actually, namely initiator is establishing company procedure in, at carrying out functionary limits inside, also be the controller of the company in establishing, carry out the action that creates a company internally, represent the company in establishing external. The author also thinks " office of the firm in establishing says " the relation of the company in saying palpability initiates support of the people to establish more satisfactorily, this distinguishs the company in establishing and initiator can clearly not only come, return a blameless body of the company in establishing, and very principal to making clear initiator right obligation and responsibility to also be had port.
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