对公司法合同进路的反思 (Rethinking the Contractarian Approach to Corporate Law)
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AbstractThe contractarian theory of corporate law is based on law and economic analysis, treating the corporation as a nexus of contracts. This theory is helpful in understanding the nature of the corporation, but has a number of problems. The concept of contract in economics is different from that in law in some important aspects. It has weaknesses in relation to shareholder protection and corporate social responsibility. It should be revised and complemented by other theories such as team production theory, communitarian theory and constitutional theory.
All Author(s) ListHui Huang
Journal name法學
Year2017
Month5
Day1
Volume Number425
Issue Number4
PublisherEast China University of Political Science and Law Press
Place of PublicationShanghai
Pages124 - 134
LanguagesChinese-Simplified
Keywordscontractarian theory of corporate law, law and economic analysis, voluntary provision; mandatory provision

Last updated on 2018-22-01 at 12:48