Introduction to Economic Law Case Study Questions Urgently

1) Whether the agreement on the execution of partnership affairs in the partnership agreement complies with the provisions of the law, and briefly explains the reasons.

The agreement is in accordance with the law. The profits and losses shall be equally distributed and shared by A, B, C, and D, and one or more persons may be entrusted to perform partnership affairs to represent the partnership externally, while other partners will no longer perform partnership affairs.

2) Whether A's hiring of Wang as a business manager complies with the provisions of the law and the reasons.

No, the entrustment can only be agreed in the partnership agreement or decided by all partners. A cannot be hired without the consent of the other partners.

3) Whether Zhang has become a partner of a partnership The reason.

No, if the new partner joins the partnership and the partnership agreement does not stipulate it, it shall be unanimously agreed by all partners and a written occupation agreement shall be concluded in accordance with the law.

4) Whether the contract signed by the partnership and A is valid and reasonable.

The contract is valid, although the partnership agreement stipulates that the business of more than 50,000 yuan must be agreed by the four people, but for A he does not know, he is in good faith, according to the partnership restrictions on the partners' right to perform partnership affairs and represent the partnership to the outside world, and shall not be opposed to the bona fide third party, the contract signed by the partnership and A is valid as long as it meets the requirements for the formation and effectiveness of the contract.

1) The agreement on the execution of partnership affairs is in accordance with the law. According to the regulations, a partnership may entrust one or more partners to carry out the affairs of the partnership. Other partners who have not been entrusted with the execution of the affairs of the partnership shall no longer carry out the affairs of the partnership.

However, it should be noted that matters such as the disposal of immovable property and the change of the name of the enterprise by a partnership must be unanimously agreed by all partners.

2) A's hiring of Mr. Wang as an enterprise management person does not comply with the law. According to the regulations, the appointment of a person other than a partner to serve as the operation and management of a partnership must be unanimously agreed by all partners.

3) Zhang did not become (did not become) a partner of the partnership. According to the provisions of the Partnership Enterprise Law, when a new partner joins the company, he or she shall obtain the consent of all the partners and enter into a written agreement in accordance with the law.

The act of travel agency A has constituted unfair competition and is an act of infringing on business.

Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept confidential by the right holder.

The "job-hopping" behavior of employees or employees is the main channel for the disclosure of trade secrets of enterprises. Travel agency A uses high salaries to induce the staff of travel agency B to divulge the business information of travel agency B, resulting in a sharp decline in the business of travel agency B and causing certain economic losses.

2) Trade secrets are an intangible property of an enterprise, which is inviolable, and everyone has an inviolable obligation, including employees. In the above cases, the employee's "job hopping" and disclosure of trade secrets constitute infringement and should be dealt with accordingly in accordance with the law. Travel agency A, which obtained the leaked trade secrets, adopted unfair competition methods, and should also bear the tort liability and be given corresponding sanctions.

1.(1) Priority of compensation. In this case, C entered into a mortgage contract with B, whereby C used his van as security for B's claim.

By 5 April 1996, A's failure to perform its debts left B's claims unpaid. Therefore, B is entitled to priority in respect of the mortgaged van, which is B's priority in respect of the van.

2) B may agree with C to be compensated for the price of the van at a discount, auction or sale of the van; If the agreement is not reached, B can file a lawsuit in the people's court. In this case, A's debt performance period expired and B, as the mortgagee, was not repaid, so B could take the aforesaid measures. In addition, after B discounted the van or auctioned or sold it, the part of the price exceeding 50,000 yuan belonged to C, and the shortfall was paid off by A.

3) The mortgage contract shall come into force from the date of registration.

2.(1) Wang may request the seller to return the goods and may require the seller to compensate for losses. According to the provisions of the Product Quality Law, the goods purchased by Wang did not conform to the description of multi-function, which was a fraud.

2) Liu's loss shall be borne by the store. Because the security guard illegally violated Liu's right to personal health during work, causing Liu's personal injury, the store was liable for compensation. The store can recover from Liu.

3) It does not have legal effect, because it is a store notice, which is not conducive to consumers. Not legally binding.

4) Five ways can be solved: negotiation, mediation, appeal, arbitration, and litigation.

(1) The registered capital of the company and the number of promoters comply with the provisions of the Company Law. According to the regulations, the registered capital of the proposed share **** is 8 million yuan, which exceeds the minimum legal registered capital of 5 million yuan in the company law. The company has 3 promoters, which is in line with the provisions of the Company Law on 2 200 promoters of shares.

The promoter's capital contribution ratio does not meet the regulations. The Company Law stipulates that if the company is established by way of fundraising, the number of shares subscribed by the promoters shall not be less than 35 of the total number of shares of the company (15 for A, 10 for B and 5 for C), and the number of shares subscribed by the three promoters is only 30, which does not meet the requirements.

2) The company is established in a manner that complies with the provisions of the Company Law. A company can be set up by way of initiation or by way of fundraising.

The way in which the registered capital is in place does not comply with the regulations. If it is established by way of fundraising, the registered capital is the paid-in capital of all shareholders, so the capital contribution of the promoter can only be paid in one time, and cannot be paid in installments.