Studies Of Legal Issues On Transfer Of Shares Rights In Limited Company

Company of limited liability is the latest kind of company in all types of companies with such characteristics as small scale, few persons, the limited liabilities the stockholders take, which has become the kind of company with the maximum quantity in the world. It combines the character of personal joint and character of capitals joint, in the current legal system, the stockholders cannot spirit their money away in the period of existence of company, so transfer of share rights becomes the unique choice for the stockholders of company of limited liability to exit from the company, but in order to safeguard the character of personal joint, the assignment of stock equity shall be properly limited an regulated.Improve transfer of share rights system will bring active influence to company of limited liability, and even to economy development of our country. In the base of discussing basic theory of transfer of share rights and combining with the revised law: Company Law of People's Republic of China, this paper emphasized on several disputed questions which produced from process period of transfer of share rights in company of limited liability. The writer wants to have the chance to clarify complex legal relationship in the process of transfer of share rights in company of limited liability and to make out useful measures to solve its problem.This study was related to theory of Company Law, theory of Civil Priority, effective theory of civil juristic action, and through the theory of company contract. In the presentation, this paper uses basic theory of Civil Commercial Law and refers to some successful experiences of foreign legislation.