Equity Acquisition In Good Faith On Limited Liability Companies

The system construction of Shares of Limited Liability Company acquired in good faith on the one hand, is a breakthrough of the traditional theory, on the other hand is a real good practice to obtain a positive response. Construction of the legal system need to identify the composition of the system and the legal effects, discussion of the Shares acquired in good faith system should not merely be contingent on whether or not the value judgments, more importantly, should be system elements of the specific analysis, so as to provide feasibility and operational programs for theory and Practical problem solving. Closely integrating of theory and practice under the premise of the use of logical analysis, comparison and the legislative style methods of study of legal interpretation, this article specifically describe the elements of the system, the legal effect and in practicc the system of the specific circumstances, and thus construct shares acquired in good faith institutional system.This article includes introduction, body, and conclusion of three parts.Introduction describes the research background, topics and the full meaning of the whole idea.The first chapter intends to establish the system of shares acquired in good faith on the limited liability company. There are differences whether establish Shares acquired in good faith, and through analysis, shares acquired in good faith has a rational theoretical basis, and in practice requirements, value judgments, social, economic function both has established the necessity and feasibility.The second chapter is the center of this article, Elements to the property acquired in good faith is water to fish, components of the analysis is the center of the system in good faith proposition. On the one hand, Shares acquired in good faith and the property acquired in good faith share the same root, both the Constitutions should learn from each other; on the other hand, the changing pattern of shares and shares are different from the changing pattern of property and property, shares essentially is a kind of relative right which follow the changing pattern of meaning of Marxist model, so the constitutional elements of Shares acquired in good faith has its particularity. Through analysis, comparison, shares acquired in good faith constitute the elements are:the right to look under the right action, the assignee in good faith when the transferee stock, at a reasonable price transfer, the transferee is registered as a stock person.The third chapter is the legal effect of Shares acquired in good faith and the type of research. Shares acquired in good faith concerning the legal effect in addition to the grantor, bona fide third party, the original stock of people, also involves the company's rights and obligations, therefore, the legal effect of the analysis requires a comprehensive exposition of the relationship between the four. After clarifying the general theory of legal effect of shares acquired in good faith, with the combination of elements of shares acquired in good faith, it is necessary to analysis the practice of the legal effect, so as to obtain the correspondence between the abstract and concrete. The specific situations of shares acquired in good faith include person on behalf of shareholders transfer the shares, the case of sale twice, stock transfer continuous case, under different forms have different clearing situation.Finally, the conclusion emphasizes Shares acquired in good faith has not only theoretical feasibility but also has a practical feasibility, our company law system should established the system of Shares acquired in good faith, in establishing the system, we should clear the changing patterns of shares in "Company Law", Changing patterns of shares is the doctrine of autonomy model.