Research On The System Of Enterprise Transfer

Business is formed by a series of elements of the special nature of the property, includes property, real estate, tangible and intangible assets, as the object so it can be transferred. Therefore, from the nature point of view, the business has the functional integrity of the content of the uncertainty and the importance of the special characteristics of property.The transfer of enterprise is different from the corporate merger and separation, is different from the transfer of property, equity transfer, not the same as mergers and acquisitions. In the transfer of enterprise contracts, forms and effects, transfer of corporate credit and debt problems, the assignor's non-competition rules, protection of creditors and the debtor's, the successor labor contract issues, the business has specificity, compared with other commercial systems will have different legal effects, and therefore have a special meaning of legislation.The system of enterprise transfer is one of the most important systems in commercial law, foreign legislation has provided a more comprehensive regulations.This paper based on previous studies of the theory of foreign research and legislation for the study and reference. Law is a summary of social life, but also regulate the needs of social life, although our research for the system of enterprise transfer is still the stay at the theorety, there is no clear, relatively complete legal system for the transfer of enterprise, but in social practice there have been a lot of business in the transfer case. The lack of legislation of transfer of enterprise has led to the enterprise transfer and commercial activities in the non-standard, non-legal issues are emerging, so the research of the enterprise transfer system should be strengthening,to promote the transfer of its legislative business has important practical significance. This paper is divided into three parts, the first chapter is an overview of business and enterprise transfer, Analysis of the constituent elements of business and the nature of the enterprise transfer are difference from the similar systems, it's the basis of business transfer system studying. The second is the core issue of enterprise transfer system, mainly to discuss the business issues of contract transfer, non-compete issues, protection of creditors and debtors, as well as the protection of workers'labor rights issues.The third chapter is to perfect China's enterprise transfer system proposal, by understanding China's laws on the transfer of business the gradual development of the standard, in reference to foreign legislation are put forward based on clear concept, regulating the procedures, tighten the protection of the legislative proposals.