Introduction to Economic Law Finance and Economics Case Study! Emergency! Help who knows the answe

First of all, I don't know which major this is ...... subject classificationThis is the part of the easement of civil law, which has a fart to do with economic law......

1) What A, B and C need to prove is the fact that they have lost 50,000 yuan.

For example, in this case, in accordance with Article 66 of the Tort Liability Law, in the event of a dispute arising from environmental pollution, the polluter shall bear the burden of proof for the circumstances under which the law does not bear responsibility or mitigates liability and that there is no causal relationship between the act and the damage. A, B and C do not need to prove that there is a causal link between the chemical plant's pollutant discharge and the damage.

2) A, B and C have the right to request D to bear joint and several liability. According to Article 68 of the Tort Liability Law, where damage is caused by environmental pollution due to the fault of a third party, the infringed party may claim compensation from the polluter or from the third party. After the polluter has made compensation, it has the right to recover compensation from a third party.

Do you dare to listen to a little class? If you don't dare, dare to add a little more points?

Hello, I am a self-examinee.

I really want to have this question in the past past questions of the Yanyuan test paper You can take a look, I took the exam in January this year Now there is this impression in the same example question You go and take a look.

Lawyer answers:

1) The name of the company must be clear whether it is a limited liability company or a share****, that is, the name must be Hongguang Industrial Co., Ltd.; The monetary contribution of all shareholders shall not be less than 30% of the registered capital of the limited liability company, which is obviously less than 800,000 yuan; First, B's patented technology should be evaluated, a correct valuation should be made, and then the patented technology should be transferred to the company.

2) If one party serves as the chairman of the board of directors of the joint venture, the other party serves as the vice chairman, and Party B cannot exclude the chairman and vice chairman at the same time; The procedures for the dissolution of a limited liability company are: the shareholders' meeting makes a resolution on dissolution, the board of directors of the company formulates a plan for the dissolution of the company, and the company is liquidated in accordance with the law, and cannot be dissolved directly.

Case 1

1. The name of the company: Hongguang Industrial Company should be changed to "Hongguang Industrial Co., Ltd. (Liability) Company".

Company Law 8: A limited liability company established in accordance with this law must indicate the limited liability company or the word **** in the company name.

2. Monetary contribution requires at least 900,000 (300*30%)

Company Law 27: The monetary contribution of all shareholders shall not be less than 30% of the registered capital of a limited liability company.

3. (1) The property shall be assessed and verified.

2) Handle the formalities for the transfer of their property rights in accordance with the law.

3) Verified by the capital verification agency established in accordance with the law and issued a certificate. Companies Act

Case 2] 1, "the agreement has been corrected" error, should be registered (this article is my personal opinion lz does not have to be adopted, I really can't remember ** seems to have seen the relevant regulations, it may be the company law interpretation three, hungry. Sorry to lie).

2. "The German company invests RMB 400,000 at the price of patented technology" is wrong, and at least 500,000 yuan needs to be invested.

Law on Sino-Foreign Equity Joint Ventures》 4: In the registered capital of a joint venture, the proportion of investment by foreign partners shall generally not be less than 25%.

3. "Hongguang Company appoints the chairman and vice chairman", wrong, the chairman and vice chairman must not be appointed by Hongguang Company, and one party must be a German company.

Law on Sino-Foreign Equity Joint Ventures 6: A joint venture shall establish a board of directors, the composition of which shall be determined in the contract and articles of association through consultation between the parties to the joint venture, and shall be appointed and replaced by the parties to the joint venture. The chairman and vice chairman of the board of directors shall be determined by the parties to the joint venture through consultation or elected by the board of directors.

If one of the Chinese and foreign joint ventures serves as the chairman of the board, the other party shall serve as the vice chairman. The Board of Directors decides on the major issues of the joint venture on the basis of the principle of equality and mutual benefit.

4. "The board of directors unanimously decides on the dissolution of the company", and the dissolution of the company can only be made by the shareholders' meeting.

Company Law 38: The shareholders' meeting shall exercise the following functions and powers: (9) to make resolutions on the merger, division, dissolution, liquidation or change of the form of the company;

1.Effective.

On the day of purchase, Zhang was in good health, so he was a person with full capacity for civil conduct.

The legal relationship is composed of three elements: subject, object and content.

The subject of the legal relationship refers to the actor with independent civil capacity, and in this case, when the buyer and seller relationship occur, both the buyer and the buyer have civil capacity, so they are the subject in this case.

The object of legal relations refers to the object to which rights and obligations are directed, in this case television.

The content of the legal relationship, in this case, is the ownership of the TV.

2.(1) Two senior technicians, Wang and Zhang, invested in shares with their own special labor skills, which is equivalent to 60,000 yuan, which is not correct here. The shareholders of a limited liability company shall not make capital contributions in the form of labor services, credit, the name of a natural person, goodwill, franchise rights, or property subject to security.

It is not right that the new company does not have a supervisor. According to the provisions of the Company Law, a limited liability company shall establish a board of supervisors with no less than three members. A limited liability company with a small number of shareholders or a small scale may have one or two supervisors. This means that there must be a supervisor.

2) Not very clear. Don't fool you. I'll tell you what I know. Where non-monetary assets are used to make capital contributions, the formalities for the transfer of property rights shall be completed in accordance with law. The transfer procedure shall generally be completed within 6 months.

3) After the establishment of a limited liability company, if it is found that the actual value of the non-monetary property contributed as a capital contribution for the establishment of the company is significantly lower than that stipulated in the articles of association, it shall be handed over to the shareholders who contributed capital to make up the difference, and the other shareholders at the time of the establishment of the company shall bear joint and several liability. In this example, Zhao has to make up the difference, and if Zhao has no money, the 14 shareholders except Zhao will be jointly and severally liable at the time of establishment.

3.The salesman of Company A acted in a civil act because of a material misunderstanding. It is therefore revocable.

4.(1) The reduction of registered capital is a special resolution of a limited liability company. There should be the consent of shareholders representing all 2 3 more voting rights. So the case is not right.

2) After the company reduces its registered capital, it shall not be lower than the statutory minimum limit (i.e. 30,000). This case <3 and is therefore incorrect.

3) If the company reduces its registered capital, it shall apply for change of registration after 45 days from the date of announcement. The decision in this case was changed and therefore incorrect. Why the 45th?

Let me tell you about the process. According to the regulations, the company shall notify the creditors within 10 days from the date of making the resolution (merger and capital reduction), and make an announcement in the newspaper within 30 days. Within 30 days from the date of receipt of the notice, the creditor may request the company to repay the debts or provide corresponding guarantees within 45 days from the date of the announcement after receiving the notice.

That's why there is a time of 45 days.

Except for certain persons who have the right to search, no one may search the body of another person except through legal procedures. Therefore, the supermarket's actions are illegal. Therefore:

The court will support the student's request, and the supermarket will definitely lose the lawsuit, but the compensation will not be too high. (If the same thing happens in the United States, the supermarket may go out of business).

Correct answer] (1) According to the provisions of the Partnership Enterprise Law, the profit distribution and loss sharing of the partnership enterprise shall be handled in accordance with the provisions of the partnership agreement; If the partnership agreement is not agreed upon or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.

2) The fruit sales contract signed between the partnership and the fruit farmer and the loan contract signed with the bank are valid contracts.

According to the provisions of the legal system of partnership enterprises, the restrictions on the rights of partners to perform partnership affairs and represent the partnership to the outside world shall not be directed against unwitting bona fide third parties. In this case, although partners A, B and C stipulated in the partnership agreement that "all business exceeding 50,000 yuan shall be unanimously agreed by A, B and C", the agreement was invalid against bona fide third parties (fruit farmers and banks), so the fruit sale and purchase contract and loan contract were valid.

3) The truck mortgage contract signed between the partnership and the bank should be deemed to be established but not effective in terms of validity, and the bank cannot claim the mortgage on the truck when its claims have not been repaid. According to the provisions of the legal system of guarantee, if the mortgagor uses the vehicle as collateral, the mortgagor shall register the mortgage at the registration department of the vehicle, and the mortgage contract shall take effect from the date of registration. In this case, although the partnership signed a mortgage contract with the bank with the truck as collateral, it did not go through the formalities for the registration of the mortgage, and the mortgage contract for the truck did not take effect according to the aforesaid provisions, and the exercise of the mortgage right was premised on the existence of a valid mortgage contract, so the bank could not exercise the mortgage right on the mortgaged truck because the mortgage contract had not taken effect.

4) If the creditor bank, Zhao and Qian of the partnership exercise their creditor's rights against the partnership at the same time, they shall be repaid proportionately with the property of the partnership; For the insufficient part, each partner shall bear unlimited joint and several liability. Because, first, the truck mortgage contract between the bank and the partnership has not come into effect, so it is determined that the bank's claim against the partnership is an unsecured ordinary claim and does not have the effect of priority for repayment; Second, according to the provisions of the legal system of partnership enterprises, the debts of a partnership enterprise should be paid off with all its property first; If the assets of the partnership enterprise are insufficient to pay off the debts due, each partner shall bear unlimited joint and several liabilities for repayment.

Note: This question (4) involves the relevant content of the Guarantee Law. According to the relevant provisions of the Security Law, if a party mortgages a property that requires registration of a mortgage as prescribed by law, it shall register the mortgage with the relevant department, and the mortgage contract shall take effect from the date of registration.

Through this question, it is recommended that you pay attention to the comprehensive question of the combination of enterprise law and other laws.

Analysis of the last question:

1) A's claim cannot be sustained. According to the provisions of the Partnership Enterprise Law, the withdrawing partner is jointly and severally liable for the debts incurred before the withdrawal from the partnership with the other partners, so A shall be jointly and severally liable for the repayment of the bank loans incurred before the withdrawal. B's claim is untenable.

According to the provisions of the Partnership Enterprise Law, the agreement between the partners on the share of the debt is not binding on the creditor, so B's claim that the debt should be repaid according to the agreed proportion cannot be established, and it should be jointly and severally liable for the repayment of the bank loan. C's claim is untenable. According to the provisions of the Partnership Enterprise Law, if you become a partner with labor contributions, you should also bear the legal liability of the partner, so C should also be jointly and severally liable for the repayment of the bank loan.

Ding's claim cannot be sustained. According to the provisions of the Partnership Enterprise Law, the new partners are jointly and severally liable for the debts incurred before the occupation, so D is jointly and severally liable for the repayment of the bank loans incurred before the occupation.

2) According to the provisions of the Partnership Enterprise Law, the bank loans owed by the partnership shall first be repaid by the property of the partnership, and when the property of the partnership enterprise is insufficient to be repaid, each partner shall bear unlimited joint and several liability. B, C and D distribute the property without paying off the debts when the partnership is dissolved, which is illegal and invalid, and the property obtained by the partnership shall be returned in full; The returned property shall first be used to repay the bank loan, and the part that is insufficient to be repaid shall be jointly and severally liable by A, B, C, and D for unlimited joint and several repayment.

3) After the bank loan is repaid, A, B, C and D shall be liable according to the internal agreement.