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Discussion on the Legal Nature of Company Articles of Association

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DOI: 10.23977/law.2023.020206 | Downloads: 10 | Views: 368


Zifo Shen 1


1 Xi'an Peihua University, Xi'an, China

Corresponding Author

Zifo Shen


The company's articles of association are a necessary document for the establishment of a company, which sets out the basic rules for the organization and operation of the company. The complexity of the contents of the articles of association determines the diversity of its legal nature. But for the legal nature of the articles of association, there are still arguments in the academic circles. Therefore, this article adopts a comparative analysis method to analyze two viewpoints, namely the contractual theory and rule of autonomy, in the two legal systems, and finds that neither can fully explain its legal nature, so the nature of the articles of association should be defined according to the different objects of adjustment, so as to determine its effectiveness according to its nature.


Articles of Association, legal nature, legal effect, contractual theory, rule of autonomy


Zifo Shen, Discussion on the Legal Nature of Company Articles of Association. Science of Law Journal (2023) Vol. 2: 38-42. DOI: 10.23977/law.2023.020206.


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