Chinese and Comparative Company Law

College
Essay
Miscellaneous
Pages 3 (753 words)
Download 0
1. Do you think the constitutional documents in common law country and in China of a company should be seen as a contract between the company and the directors Your reasons for common law country and China
In consideration of the constitutional documents in common law country and in China with regards to a contract between the company and the directors, it is necessary to establish the common law context…

Introduction


Nevertheless, some generally accepted knowledge includes that of constitutional document sometimes referred to as charter or agreement which is a certificate characterizing the existence of the entity which the law recognizes and allows acting as natural persons and regulating the structure and control of the entity and its members. It was generally accepted that the specific form of the constitutional documents depends upon the type of entity (Djankov, et al, 2002).
On one side of the fence, common law is a system of law whose sources are the decisions in cases by judges. Besides, every system will have a legislature that passes new laws and statutes, nevertheless, these do not modify a collected and codified body of law. Common law comes from England and was passed on to Commonwealth countries, and almost every former colony of the British Empire (except for Malta and Scotland ). Furthermore, it is currently observed in, United Kingdom (excluding Scotland), United States (excluding Louisiana) Canada (excluding Quebec), Ireland, Australia, India, South Africa, and Hong Kong and in some other countries. In addition to these countries, several others have adapted the common law system into a mixed system. ...
Download paper
Not exactly what you need?

Related papers

Comparative Business Law
The negligence was recognized in the famous case Donoghue v Stevenson1. [Peter De Cruz, Comparative law]a…
Company Law
The most appropriate remedy that Quincy should avail is the second remedy of applying for an order from the court on the ground that the company's affairs are being conducted in a manner which is 'unfairly prejudicial' under Part 30 CA 206, ss 994-998 because this remedy allows Roar to continue its business.…
Chinese and Comparative Company Law Essay
Each law has its special function to rule our behavior, and all of the common laws are based on the constitution. Laws play great important role in our country. Firstly, the law can protect and promote productive force. Secondly, it can protect and promote the establishment and development of market economical system. Thirdly, it can ensure that socialistic economical system can move smoothly.…
Comparative Law
It is a necessary element of a contract that is intended to be legally binding. In cases where a party is attempting to prove the existence of a contract, evidence of consideration often proves useful. However, "the onus is on the party seeking to prove the contract to demonstrate intention and the nature of the relationship between the parties." (Clarke, 2008). Additionally, in order to prove…
Comparstive Law
The paper aims to understand the meaning and the concepts related to the …
Comparative Law Essay
To start with, the "global village" or the increased globalization of world trade, involving the need to engage in commerce with nations with unfamiliar legal systems. For another thing, the codification of multilateral associations like the European Union, the African Union, or the Arab League has demanded harmonization of laws of their member states. Moreover, there are publications and Internet…
Chinese and Comparative Company Law
Nevertheless, some generally accepted knowledge includes that of constitutional document sometimes referred to as charter or agreement which is a certificate characterizing the existence of the entity which the law recognizes and allows acting as natural persons and regulating the structure and control of the entity and its members. It was generally accepted that the specific form of the…