THE OPERATIONS OF SOCIAL CAPITAL IN FRENCH AND CHINESE LAW

The social capital plays a role disputed, but always essential in a company. Behind the social capital the power is profiled : the person who holds the majority of parts or actions holds the real control of the company. Thus the operations of the social capital indicate in reality the operations of the power between the associates or shareholders during the social life. This is why the operations of the social capital arouse the interest of the jurists and the practitioners, both in France and in China.

However, the regime of social capital, which was established with the same idea presents many differences between the French and Chinese legal systems. Our research will thus concentrate on the presentation of the difference between the two legal systems, by analyzing the subjacent reasons under a legal, social and cultural angle. Apart from these differences, while hoping to be able to make progress the Chinese regime of the operations of social capital,  the present study will attempt to consider the question of how the Chinese company law can inspire French company law in this field. More generally, how the capital social should be present in both legal systems ?

Our comparative study will be done by aiming at three essential operations on the social capital: increases of  social capital, reductions of social capital, and the repurchase of social rights, while also wishing to be able to support mutual investors in the transnational investments.

Keywords: company law, comparative law, Chinese law, social capital, increase of social capital, reduction of social capital, repurchase, social rights.