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《Northern Legal Science》 2010-03
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Comparative Comments on Managers System——from the Perspective of the Civil Law Systems

ZHONG Kai  
In civil law systems, managers can be construed as natural persons entrusted by entrepreneurs or organs (representing organs) for legal entities. As a commercial agency power, separation of internal management and external representation is not scientific. The power of managers should be entrusted and publicized, but even without entrust, managers by estoppel can be established. There are particular requirements for terminating the power of managers. Such power can be exercised either individually or jointly, without limitation on scope in the latter. Managers should assume duty of loyalty and non-compete, in violation of which will result in confiscation or interference by the entrepreneur. Different theories on legal entities lead to overlapping or independent relations between managers and legal entities. In civil law systems, commercial assistants include managers——whatever the name called——whose power is that of commercial agency. The power difference lies in different posts and relations with entrepreneurs. As commercial assistants in general terms, commercial agents are external agents for enterprises or entrepreneurs.
【CateGory Index】: D912.29
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【Citations】
Chinese Journal Full-text Database 2 Hits
1 FAN Yun-hui(Law School, Shanxi University of Finance and Economics,Taiyuan 030006 China);A Discussion on the Nature of the Corporate Manager's Right[J];Hebei Law Science;2005-07
2 ZHAO Wan-yi,SONG Shi-bo(1.Southwest University of Political Science and Law,Chongqing 400031,China;2.Bureau of Personnel,Qingdao 266071,China);On the Management Right of Corporation and Its Legal System in China[J];Business Economics and Administration;2006-09
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