Defective Transfer Of Equity Research

The slight defect stockholder's rights are refer to because of the funder in fulfillment link existences and so on investment duty, stockholder's rights record, registration procedure illegal, contrary or slight defect factors and so on violation cause the right itself to have the flaw the stockholder's rights. This kind of stockholder's rights in the current company practices common, but the present trading law and the judicial interpretation have not made regarding this stipulated explicitly, the regional court's law enforcement spirit and the principle of management were also inconsistent, cause this kind of case referee not to be unified, serious influence judicature referee's male letter strength. In recent years, this kind of case's negative effect continues to highlight, already received the commercial law educational world and the practical realm high attention. The slight defect stockholder's rights transfer dispute case faced with many hard problems, the initiation loudly disputed. Especially after the slight defect stockholder's rights transfer contract's potency recognized, slight defect stockholder's rights transfer, how should the slight defect investment responsibility undertake as well as slight defect stockholder's rights e's registration questions and so on potency, has wide divided opinions, the difference is big, already serious influence this kind of case referee standard solemnity and unity. This article in chooses a concrete case in the foundation, after slight defect stockholder's rights transfer contract potency, slight defect stockholder's rights transfer, the slight defect investment responsibility undertakes, the stockholder's rights e's registration and stockholder's rights transfer potency questions and so on relations carries on the analysis, the discussion, and further proposed solves this kind of case to suggest, provides helps as well as consummates the legislation take the time as the solution similar case to provide the rich value the reference beneficially. The full text is divided six parts, its primary coverage is as follows:The first part in the introduction case's foundation, pointed out the slight defect stockholder's rights transfer case argued the focal point, proposed this article needs to solve subject matter.The second part is mainly to the slight defect stockholder's rights limits, elaborated the slight defect stockholder's rights concept and the origin briefly.The third part has analyzed the slight defect stockholder's rights transfer contract potency. Introduced first about the slight defect stockholder's rights transfer contract potency's different viewpoint, and has carried on the evaluation briefly. Based on this has analyzed the judgment slight defect stockholder's rights transfer contract potency value orientation, and has indicated the author to this question view.The fourth part introduced the flaw in how the funding should be the responsibility borne by each of several views and analysis on the basis of on the basis of this issue to their own opinions.The fifth part from the establishment, becomes effective, fulfills three aspects, has analyzed the stockholder's rights e's registration and the stockholder's rights transfer contract reciprocity. And focus on an analysis of the assignee in equity did not apply for registration of internal circumstances, the transfer of ownership to external legal effect.The sixth part proposed the standard slight defect stockholder's rights transfer behavior's preliminary idea, namely consummates Our country Corporation to legislate, to establish the stockholder's rights change registration system, the construction and the optimized society good faith system.