公司分立无效之诉初探

First step research of the lawsuitagainst the validity of the division of the company

公司分立涉及众多利害关系人的利益 ,我国应参酌国外立法例设立公司分立无效制度。公司分立无效一般只能通过诉讼途径来主张 ,法院在审理公司分立无效之诉时 ,应尽可能保持分立后法律关系的稳定。

The division of the company involves varieties of interests among the parties which have different interests. We should use the experience of other countries' better legal rules to establish the system of the invalidity of the division of the company. When the legal invalid causes of the division happen,the relevant parties are entitled to bring the lawsuit to the court against the validity of the division of the company. The court should make an effort to keep the stability of varieties of the legal relations of civil commercial right and duty.