股东瑕疵出资的法律问题分析-民商法学专业论文.docxVIP

1 1 2 2 Abstract On the development history of the company law, the capital system is output into being to make up for the shortage of basic principle of company lawthe principle of limited responsibility. It performs an important function to realize the company law which aims at protecting the shareholders’ and the creditors’ benefits. The investment is an important meaning to the shareholder, company, creditor...etc. Whether the hareholder investment according to the law and the article of association, that’s not only influent the shareholder, the company , also conducts the reditor’s benefits. For promising the enrichment of the company capital and supporting the benefits of the creditor and social public, investment is strict to most countries. However, it is widespread that the registration fund was dishonest in practice, and it cause many problems. Although the company law has been already modified, and ruled the responsibility for faulty investment of shareholder in Chinese,but the civil responsibility still need to be perfected.For this, this text research is limited by civil responsibility for faulty investment of shareholder.For having a clear understanding to this problem, this text analyzed the concept of faulty investment, and classify the type of it upon different standard. After define the concept and type of faulty investment, the text analyzed the theory about faulty investmen law responsibility, include to company, to parter, to the company creditor. when the company parters ask shareholder responsibble for faulty investment, he can depond on the theoris about breach faith,fault to make an appointment. when research the duty about faulty investmen shareholder to the company creditor, the text introduce many theoris, and analyzed their feasibility. When shareholder investment is faulty, the theories about the subrogation right and corporation personality denying are better than other theoris to protect the company creditor benefit. For right to know