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On The Execution For Stockholder's Rights

Posted on:2008-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2166360242459494Subject:Law
Abstract/Summary:PDF Full Text Request
In the judicial implementation process, we often encounter situations that the person, who was implemented, has no implementable possession except for his share right in a company, so enforcement of share becomes an inevitable issue that People's Court will meet in the judicial practice. The enforcement of share right not only refers to the interest of applier's and the one be applied, but also refers to the interests of others who were out of the case such as company and other share holders, and both the way and strength of enforcement be adopted will affect their interests. In practice, there are many orderless implemental behaviors, which make the current generally difficult enforcement be more serious. So, to summarize and generalize these problems, and propose suggestions for perfect the legislation on the basis of analyzing the disadvantages of current laws, are very urgent and of great significance.This paper studies our current legal institutions of share enforcement, mainly describes the basic theory of share enforcement, and clears share right's identity and legal characteristics by analyze the definition of share right, and according to analysis of different opinions, emphasizes that share right can become the object of enforcement. This paper also generalizes the types of share right enforcement, and illustrates the procedure of share right enforcement according to our laws, then separately analyzes the problems that exist in current right enforcement institution, and find out their origins from theoretic perspective. This paper has realized the importance and emergency of strengthening the legislation of share holder enforcement, and poses its own ideas about how to solve problems in the process of perfecting legislation, such as suggestions of perfecting the institution of share right holder enforcement, protecting licit interests of creditors and others, protecting share holders'prior purchasing rights, and constructing the out sale institution of shares and so on.
Keywords/Search Tags:share right, enforcement, perfecting legislation
PDF Full Text Request
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