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设立中公司是公司成立过程中的一个阶段,而从学术角度来看对于设立中公司的相关概念不同学者也表明了不同的观点及态度。例如在德国便将其视为以营利为目的的社团,如帝国法院无特别规定时,得因邦(州)的许可而取得权利能力。但是随着市场以及行业的发展学者对上述观点也产生了不同意见,对某些环节上产生了质疑。为了对设立中公司进行深入了解就需要对其法律地位及性质进行分析,从法律角度对其进行定义。
The establishment of a mid-term company is a stage in the process of establishment of the company. From an academic point of view, different scholars also show different views and attitudes about the related concepts of establishing a mid-level company. In Germany, for example, it is considered as a for-profit association, which, if not empirically dictated by the imperial court, is empowered by state (state) authority. However, with the development of the market and the industry, scholars also made disagreements on the above points and questioned some aspects. In order to gain an in-depth understanding of the establishment of a company, it is necessary to analyze its legal status and nature and define it from a legal perspective.