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关于公司设立的法律性质,在理论界有不同的认识。本文认为,公司设立是公司前行为,其与公司成立有显著的区别。发起人协议是公司设立的基本行为依据,与公司章程是两个性质完全不同的法律文件。公司设立就是以发起人协议为基础的合同行为。
The legal nature of the establishment of companies has different understandings in theorists. This paper argues that the establishment of a company is a pre-company behavior, which makes a significant difference from the establishment of a company. Promoter agreement is the basis for the establishment of the company based on the act, and the articles of association is two completely different legal documents. The establishment of the company is a contractual act based on the sponsor’s agreement.