The Study On Issues Of Succession Of Shareholder's Rightsin Limited Liability Company

The Article 76 in the new "The Company Law of the People's Republic of China" stipulates that:after the death of the shareholder, its legtimate heir may inherit the shareholder's rights, unless there is provided otherwise in the articles of the association. However there are still many theoretical divergences on this issue since this provision is fuzzy and its maneuverability is not strong. Therefore this paper uses the research methods of case analysis and comparative analysis, from theory to practice and from abstract to specific, starting from the concept shareholder's rights, has explored the nature, the self-benefit right and together-benefit right of it, made a clear analysis about the disputes of inheritance of shareholder's rights,to deeply analyze the theoretical and the practical problems in the process of succession of shareholder's rights by degrees. At last, this paper has put forward legislative proposals though research methods of comparative analysis for some foreign modes of legislation on succession of shareholder's rights in limited liability company.