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设立中公司(通过发起人)与第三人发生法律关系,在公司成立之前可能已届履行期,因受经济效益和法律时效的限制,第三人求偿乃至诉讼不可能等到公司设立成功或失败时再作安排。本文在坚持民商合一理论前提下拟以物权行为与债权行为之区分来类型化公司设立存续期间发起人的民事行为责任。
The establishment of a medium-sized company (through the sponsor) has a legal relationship with a third party and may have expired prior to the establishment of the company. Due to the limitation of economic benefits and legal limitation, the third party may not claim or even sue until the establishment of the company is successful or Make a mistake when you fail. Under the premise of adhering to the theory of integration of merchant and merchant, this article proposes to classify the company’s responsibility of establishing civil behavior during the period of existence under the distinction of real right behavior and creditor’s right behavior.