Classification and Determination of Defects in the Validity of Resolution Transactions
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Classification and Determination of Defects in the Validity of Resolution Transactions
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JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition)Vol. 32, Issue 3, Pages: 144-155(2022)
作者机构:
吉林大学 法学院,吉林 长春 130012
作者简介:
基金信息:
DOI:
CLC:D913
Published:15 May 2022,
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Shaokun FANG, Zesong ZHANG. Classification and Determination of Defects in the Validity of Resolution Transactions. [J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition) 32(3):144-155(2022)
DOI:
Shaokun FANG, Zesong ZHANG. Classification and Determination of Defects in the Validity of Resolution Transactions. [J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition) 32(3):144-155(2022)DOI:
Classification and Determination of Defects in the Validity of Resolution Transactions封面论文
Resolution is a legal transaction made by an association in its own name
based on the voting behavior (declaration of will) of the voting rights holders and consolidated by a majority vote
reflecting the common will of the association. As far as the classification of defects in the validity of resolution transaction is concerned
there are various legislative precedents in comparative law
each with its own advantages and drawbacks. By introducing the "Stratification Theory"
a reshaping of defects in the validity of legal transaction system can be achieved. On this basis
a distinction should be made between the non-existence of resolution and defects in the validity of resolution. Defects in the validity of resolution include both invalid and voidable forms
suspended validity and not-yet effective are not the defects in the validity of resolution. The logic behind the configuration of the validity of invalid and voidable resolutions is different
the causes of defects in the validity of resolution are also different between them. In order to prevent the abuse of resolution revocation suits
judges should be given limited discretionary power to dismiss. Article 156 of the Chinese Civil Code
which provides for partial invalidation of civil legal transactions