On The Transference Of Shareholders' Rights Of Co.,Ltd

Company law does not set up the system of withdrawal share to Limited Company and the shareholders can not take back arbitrarily after capital contribution, so the only way for the shareholders is to transfer their rights. In the practice of transfer, the dispute appears constantly, and the lawsuit is the remedy for the shareholders. But the unmanipulation regulated by the company law to the right transfer for shareholders, causes many phenomena of similar case different .It is no doubt that it is useless for the development of company, even may to obstacle the economic development. Though the group of academy and actual practice propose to revise company law, focusing on improving the manipulation and suability of company law, but the law can not cover all social relationships. Thus, the operation of mature justice is more important to protect the rights of participants. Based on the unmanipulation regulated by company law and the situation handled by the court on such cases, it is necessary to probe deeply into the problems involved such cases. This article mainly focuses on the regulation of rights transfer, combined the actual problem with analysis of theory, defining points by the way of cases censor. During the actual practice, make a research on the proceeding and substance judgment to reach the union of company law's application.