On The Legislation Of Rights Contribution

In today's social environment of wealth right brim, rights has become a major non-monetary properties, but because the right has some unstable, difficult to assess, transfer restricted features, made the question that whether right can be used as capital contribution and how to investment and so on has been hotly debated. This paper analyzes and studies rights contribution is based on the opinion that in favor of right can be used as capital contribution, and takes the representative rights, equity and creditor's rights and intellectual property rights as the main research object. This paper has four main chapters:The first chapter is overview of rights contribution. Although the company law has recognized rights contribution in principle, but that does not mean all right can be used to capital contribution. According to law and practice experience, some right is not can be used as capital contribution, such as power incomplete equity, the creditor's rights of tort damages and geographical rights and so on. The value of rights contribution lies in social rights resources can be fully utilized, and increase the company's competitiveness, and promote social and economic development. And most rights can be used as capital contribution according to the three basic requirements of non-monetary properties contribution in our country's company law.The second chapter is foreign legislative cases studies of rights contribution. This paper found that rights contribution's legislations in countries of Anglo-American law system and continental law system are different through to studies rights contribution legislative cases between Anglo-American law system and continental law system. In the countries of Anglo-American law system, about all rights contribution are recognized. While in the countries of continental law system, attitude about rights contribution is different, some countries are support, some countries are opposed and some countries neither said no nor yes. The difference between Anglo-American law system and continental law system is closely related to their respective political system, economic development level and historical culture.The third chapter studies about our country's rights contribution's legislation current situation and limitations. The rights contribution's legislation is relatively simple with respect to right's characteristics and the complexity of the rights capital contribution program, so rights contribution in practice can produce many problems, such as what kinds of right can be used capital contribution is still not clear, the provisions about rights' assessment procedures and methods are not specific, the provisions about shareholders' liability of right devaluation are general and the rights' transfer system is insufficient, etc.The fourth chapter is some suggestions aimed at the fourth chapter pointed out the legislative shortcoming of rights contribution. Such as improve rights contribution's position through enact laws, specified rights contribution's range from the subject, the investment company and the rights, restrict the proportion of non-monetary properties contribution, provide the scope of contributive rights expressly, provide specific provisions about rights contribution programs and establish rights transfer system of public capital, specified the way of contributor's responsibility etc.