After reading Zhang Min'an's Commercial Law, it was found that a major clue running throughout the line was: Commercial Law in the basic principles of the safety principles of the safety of merchants, business maintenance, commercial transactions. The important system of Commercial Law is deployed around these basic principles. (The legal learning of the department will be the profound understanding of the basic principles)
From the principle of freedom refers to the specific restrictions on non-legal discontinuation, otherwise, anyone will enjoy the freedom of business activities. The principle reflects the requirements of commercial trading activities in the equality of commercial market trading subjects. An important system embodied in this principle is that when businessmen are engaged in commercial trading, the company's business charter limit is only the restrictions on the company, and the third person who is engaged in transactions with the company is not effective. All acts implemented by the company's representatives, companies should be responsible. National Commercial Law legislation has certain restrictions on its freedom. Adhere to the Commercial Registration System (Commercial Registration Status), the unicolitting of the commercial trading activities (the interest of the interests of the business relationship and the social interests of the social interests), the non-compatibility of merchant qualifications (given public policy considerations from some people from business activities, Such as national civil servants, judicial organs), the pureness of commercial occupations (integrity principles as the basis of commercial activities, is the requirements of business law on business people engaged in commercial activities and morality).
The principle of enterprises refers to the modern commercial law to ensure the stability, coordination and healthy development of the enterprise organization through various legal means, maintaining the company's legal personality, preventing existing enterprises from being invalid because companies have the defects existing during the establishment (enterprises have no impact The theory of enterprises), preventing existing companies from dissolving due to the death of corporate personnel, exiting or less statutory lowers (the theory of corporate legal personality is not affected by corporate members), preventing the contradiction between enterprises due to corporate members, which is mandatory (Enterprises may not be disbanded via administrative orders).
1. Enterprises set up 疵 does not affect the theory of enterprises
The impact of limited partnerships to the liability of limited partners. The limited partnership is the product of the formulation. If it is set up without complying with the established registration procedure or complying with such a program, the establishment of a certificate is defective, or there is no obey of the other elements specified in the formulation, the establishment of the partnership is defective. If the Limited Partnership Organization has a major ignition, the limited partners should assume personal responsibility to the partnership debtor, but even if there are two levels of conditions, there is a major flaw, the limited partners still bear the partnership debt. Responsibility: 1. The limited partner is a good faithful to believe that he is a limited partner rather than a general partner; Second, one, this person finds itself, that is, the incorrect to correct the existence, or through the registration partnership The charter has obtained a certificate of limited partnership or a notice to completely withdraw management.
2. The company has set up the impact of the company's legal personality
Will the company set up 瑕 导 公司 公司 公司 公司 公司 公司 公司 公司The EC law believes that the establishment of the company is invalid, the United States and the United States and France believes that the company has set up 疵 不 必 导 导 导 设 导 设 公司, the company's legal personality is still maintained.