论瑕疵股东大会决议的法律效力民商法学专业论文.docxVIP

PAGE PAGE 1 Abstract Countries generally use the dichotomy or rule of thirds as legislation , regulat flaw effectiveness of the resolutions to protect shareholders against improper resolutions of the shareholders meeting . Legal consequences of flaw resolution is divided into two in China, and differ from the other countries for the classification of the defect reansons .In this paper, the author start with a comparative study of the legislation extraterritorial flaw resolution system, and compile different effect on the content in case of different types of defects during the the procedure of resolution to find that ,it is not science for the traditional dichotomy criteria for classification of the type of flaw effectiveness resolution in accordance with the distinction of the entities and procedures .The author think that, it is necessary during the analysis of the different procedural matters of resolutions by the perspective of shareholders meeting agenda to subdivided flaw procedural matters again ,consider the diffrerent between entities and procedures, serious flaw procedural resolution of the general meeting should to be an independent type, in order to perfect the effectiveness resolution system. This article , including the introduction, body and conclusion , in which the body is composed of six parts : The first showed us the scope of this study , including the definition of defect resolutions for the general meeting , the legal property of the flaw resolutions of the shareholders meeting , the value of the flaw shareholders meeting resolution system . Defined by the concept of the flaws of the shareholders meeting , to help us understand the central meaning of the article . The second part sorting out the extraterritorial legislation of defects shareholders meeting resolution , by analyzing the national legislation model of defects resolution to explore the legislative reason behind the system , reference for the improvement of our system. The thi