On the Legal Consequence of Revoking the Business License
SUN Xiao-min (East China Institute of Political Science and Law,Shanghai 200042,China)
As to the legal status of an enterprise upon the revocation of its business license, there are two completely different viewpoints,which have led to contradictions in legislation and law implementation. The author, from the theoretical and practical points of view,comes to conclude: an enterprise upon its qualification for operation and simultaneously its qualification for being a legal person,which depends on the nature of business license.The liquidation committee shall succeed the rights and obligations of such an enterprise, which by itself is an independent legal entity,not the continuity of the demised enterprise's legal personality. The liquidation committee shall bear tortuous liability for losses of the creditors incurred by the omission of action of the committee.
【CateGory Index】： D922.29