Research On The By-faith Acquisition System Of Equity In Limited Liability Companies

The system of bona fide acquisition first appeared in the property law of China,mainly choosing between the third party and the original right holder to sacrifice the interests of the original right holder and protect the interests of the third party,so as to achieve the best legislative effect of protecting transaction security and maintaining market order.With the rapid development of market economy,as an invisible social wealth,the position and importance of equity in market transactions are increasingly prominent.Therefore,protecting the security and order of equity trading market has become another important task of China's legislation.In 2011 the supreme people's court on some issues of the People's Republic of China company law apply rules(3)in equity trading for the first time to apply good faith system,but also just to "nominal shareholders dispose equity" and "a second" this two kinds of equity transfer,make reference to the provisions of the "property law" in good faith system did not mention in the manner of bona fide acquisition or real estate in good way.In the author's opinion,equity is not only the basis for shareholders to participate in the management of the company,but also the basis for shareholders to obtain the company's income distribution.The applicable bona fide acquisition system needs to be analyzed again according to its particularity.The appearance of rights of ownership is different from both the possession of movable property and the registration of real property.The change mode of ownership is different from both the delivery of movable property and the change registration of real property.The author starts with the nature,definition,appearance of rights and change mode of ownership,compares the constitutive elements of the bona fide acquisition system,and tries to analyze on this basis the constitutive elements of bona fide acquisition that are suitable for the change of ownership in China and applicable in practice.The life of law lies in implementation,does not have to implement the value of law is not of the soul,the good faith system ultimately fulfil specific cases to equity dispute,"nominal shareholders dispose equity" and "a second" the system is based on good faith,but it is not applicable to the specific specification to explain and illustrate.The judge applies the system of bona fide acquisition in the complicated equity dispute cases,which is different from each other.Through a comprehensive analysis of the basic concept,the author elaborates the problems faced by the equity bona fide acquisition system,and lists the improvement Suggestions on relevant legal contents one by one.It is hoped that the analysis of this paper can promote the equity goodwill system to make contributions to the construction of market economic order and make the equity transaction more standardized and healthy in the market economy...