全文文献 工具书 数字 学术定义 翻译助手 学术趋势 更多
共[19]条 当前为第1条到19条

    The Comparison of Two Types of Legal System of Civil Law and Case Law
    The writer thinks that the system appeared in the case-law countries first because of their history background, law background and certain problems.
    Thus, the English Law Commission, in its report on shareholder remedies (The Law Commission Report No.246,“shareholder Remedies”), recommended a “New Derivative Action” which will completely substitute the derivative action in case law.
    但是,英国普通法项下的派生诉讼制度的使用极不令人满意,因而英国法律委员会在其关于“股东救济方式”的报告(The Law Commission Report No.246,“shareholder Remedies”)中推荐了一种新的派生诉讼程序。
    By now, as far as the corporate opportunity is concerned, a mature system of rules named as the Corporate Opportunity Doctrine has been formulated under the case-law regime. These rules cover the issues such as recognition, prohibition and use of the corporate opportunity.
    英美公司判例法在董事利用公司机会问题上形成了比较成熟的公司机会规则(Corporate opportunity doctrine),这些规则包括公司机会的认定、禁止及利用等问题。
    American and English Case Law on Incorporation Clause in B/L and Its Revelation to Our Country
    Voting trust, as a lawful means of requiring and sustaining the dominative right of enterprises, has experienced more than one century since it appeared in the Case Law of the Untied States.
    Many countries in the Case Law System think of the legal relation between the company and directors as trust relation or agency relation, whereas some countries in the Civil Law System consider it as the commission relation.
    The Business Judgment Rule is a corporate legal system set up in the American case law.
    The classification is not only in accordance with the different area these two kinds of incorporation clauses respectively covers but also of great significance in introducing English case law and American case law.
    Then expounds the regulations of American case law on general incorporation clause in B/L;
    After comparing the legislative form and content between Anglo-America law system and continent law system, the author first analyzes the difference in the legislative form which the former is based on case law and the later is based on written law and the difference in liability of sponsors whenthe company is found in success or in failure, then generalizes the similarity and particularity of the two law systems.
    To put forward and demonstrate in the first part of this paper that it is the most important to rebuild the law system of our country's supervisory committee in the reformation of the supervisory system of company in present period, after comparing the social background and characteristics of the civil law system with these of the case law system.
    Fiduciary Theory is rooted in the case law of Anglo-American law system, arguing that the director is the fiduciary of the company.
    And the trust law in the Anglo-American legal system exists in the form of case law.
    This part analyses the related basic theories and introduces the American practice from the view of its securities law, corporation law, case law and the disclosure system of the opinions of the target's board of directors.
    Deeply rooted in the equality of shareholders,the appraisal rights originated from the case law of 19th century America, with the purpose to balance the conflicting interests of majority shareholders and minority shareholders, and hereby to realize the equilibrium of both justice and efficiency.
    Then, some testsin American case law to determine a corporate opportunity are discussed.
    Meanwhile, the stock certificate civil case law system develops continuously with perfect, which acts in cooperation this kind of craves for the needs of those investors.
    Disregard of corporate personality is a case law principle initiated in judging corporate dispute cases by American court, also called by lifting the veil of the corporation.


CNKI主页设CNKI翻译助手为主页 | 收藏CNKI翻译助手 | 广告服务 | 英文学术搜索
版权图标  2008 CNKI-中国知网
京ICP证040431号 互联网出版许可证 新出网证(京)字008号
北京市公安局海淀分局 备案号:110 1081725
版权图标 2008中国知网(cnki) 中国学术期刊(光盘版)电子杂志社