在讨论公司设立自由原则之前。有必要知道EU的公司是什么。在欧盟条约开放一章中，为了确保公司与自然人享有同样的权利，公司的概念被界定。根据《欧盟条约》第82条，公司是指依照民法和商法设立的公司，包括公法和私法领域的合作社和其他法人，但不以营利为目的的公司除外。《条约》的定义协调了所有会员国对公司概念的理解，特别是英国和大陆法系其他成员国之间的联系，尽可能涵盖欧盟条约要调整的主要机构。公司具有以下特点。（1）公司是依照民法和商法设立的，也可以根据成员国的法律或私法设立。（2）公司可能没有法人资格。Before talking about The principle of freedom of establishment for companies. It is necessary to know what is the company in EU. In the right of opening chapter of EU Treaty, to ensure that the company has the same right business with a natural person, the concept of company is defined. Based on article 82 of EU Treaty, the company refers to the company set up in accordance with the civil law and commercial law, including cooperatives and other legal persons in the fields of public law or private law, except for the company which is are not for the purpose of making profits. The definition of the treaty coordinates all member states’ understanding of the concept of company, especially between the UK and other member countries of continental legal family , covering as much as possible the main body of company that the EU Treaty wants to adjust. The company has the following characteristics. (1)The company is established in accordance with civil law and commercial law, and also can be established in accordance with the law or private law in the member countries. (2)The company may not have legal personality........................
The company law of EU brings us some enlightenment. In the process of improving law, the company establishment also should search balance between strengthening control and keeping flexibility. A series of behaviors in the process of company establishment inevitably have benefit connection with the originator, established company and third person,and so on. So company establishment can produces corporate accountability. The research on company civil responsibility become the needs of legislation and reality. In the process of setting up company, the originator has carried on the certain investment and payed a lot of fee. A certain creditor's rights debt is formed. If the company cannot be established, who will bear the corresponding liability need to further explore. Once the company is established, it also should be responsible for employees,creditors, and society,and so on.
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