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《Journal of Shandong University of Science and Technology(Social Sciences)》 2009-01
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Limited Company's Business Opportunity Used by the Directors:An Analysis of the Legal Obstacles

ZHANG Qin-run(College of Humanities and Law,Shandong University of Science and Technology,Qingdao,Shandong 266510,China)  
The restriction on the director to use company's business opportunities in traditional theory undermines the exploitation of the business opportunities.Being subjected to impartial treatment of the company,the director actually can negotiate with their company on that issue.This points of view can be supported by the following aspects: the traditional theory ignores the differences between the limited liability company and stock-shared limited company;the former has unique characteristics which is the legal basis for the director's behavior;the exploitation of company's business opportunities by the director could be regarded as another way to distribute the profits;the interests between the company and the director can be coordinated effectively;the director's behavior also can be supported forcefully by the practices.
【Fund】: 山东科技大学科学研究“春蕾计划”项目课题“公司商业机会法律问题研究”(2008AZZ131)
【CateGory Index】: D922.291.91
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