公司发起人出资违约法律责任问题研究民商法学专业论文.docx

Abstract In the legal system of the company，the system of the sponsor occupies a very important position. From a legal perspective, the establishment of company is that the sponsors accomplish the specific legal conduct for the formation of the company and the legal personality in accordance with the relevant provisions of the law. The activities of the establishments of the company are around the sponsors’ conducts, so the sponsors conducts are in relation to ultimate successful establishment of the company, the interests of the relevant parties, and even the social public. To subscribe capital contribution or shares is the sponsors’ legal obligation for the successful establishment of company. When they fail to perform the obligation, or defective capital contribution, they shall assume the responsibility for breach of contract. This paper discusses mainly the sponsors’ legal responsibility of the breach of investment. Firstly, this paper expounds the legal status of the sponsors. To define the importance of the legal status of the sponsors and the importance of the obligation of capital contribution through the introduction and comparison of the definition of the sponsor in the theoretical circle, the discussion of the restriction upon the sponsors, and the legal status of company sponsors in the angle American law system and continental law system. Secondly, to discuss the responsibility of capital contribution of the sponsor on the ground of the importance of the sponsor legal status. The essence of the contract is to undertake corresponding obligations for the parties according to the agreement. And the essence of the contract obligation is the sponsor’s obligations in accordance with the agreement of the sponsors and the companys articles of agreement. It is the capital contribution obligation on the performance of investment. If the sponsors do not act the contribution form of payment in accordance with the law, they violate the substantial capital principl