董事关联交易效力要件分析word论文.docxVIP

准性”规范规制关联交易的不足。结语对本文所述内容进行了总结，阐述了研究董事关联交易效力要 件的意义和价值，并提出了有待继续探讨和研究的问题。关键词：董事， 董事关联交易， 披露， 实质公平STUDY ON THE VALIDATION ELEMENT FOR DIRECTOR’S AFFILIATED TRANSACTIONABSTRACTIn affiliated transaction, the validation rule for transaction is one of the important rules to guarantee rights of involved parties. We may even say that, the primary problem in the law field of affiliated transaction is to make a proper judgment standard. It is a pity that there is still no system established. Through a comparative research and in consideration of the problems in current company law, the paper proposes suggestions to establish validation element for affiliated transaction as soon as possible.The paper is composed of four parts. The main contents are as follows:The first part of this paper mainly identifies the study subject. It principally analyzes the concept and characteristics of affiliated transaction. The study subject is limited to director, on the basis of the differentiation of director’s affiliated transaction from that made by shareholders. Last, the study subject is narrowed down to the validation element for director’s self-dealing transaction for the purpose to clarify the study area of affiliated transaction.The second part of this paper mainly analyses the application of affiliated transaction from contract law. Although affiliated transaction is in the judicial field, the nature of which still belongs to contract, so it is possible for its application to contract validation. The writer analyzes the validationapplication of contract invalidation and revocable situation in details.The third part is the core of this paper. Through the excerpts of the regulations about compulsory disclosure, approval and validation element of substantial fairness in British, U.S.A., Japan and French, the writer introduces the current situation of affiliated transaction in China and exposes the shortages of validation problems of affiliated transaction in current company law.In conside