Legal Research On The Problem Of Business Transfer

To the enterprise in recent years, the global financial crisis has brought severe challenges, countries using various methods to intergrate the financial and property rights. Through mergers and acquisitions, sale, replacement of assets, bad assets, and other methods to resolve the factors limiting the development of enterprses. The same time, China’s enterprise system reform. In this reform, it is often used by business property to sell and other paid transfer transactions, and thus the ownership of the business will be hanged, the transfer between different market players called a business transfer. Business transfer and sale of goods and property trading is not the same, in many countries and regions in the world were introduced to the legal regulation of the business transfer. Such as Germany, Japan, Korea, Macau and other countries and regions have introduced the "Commercial Code". Transfer system on business in the China mainland’s legal system there is no corresponding defined. The lack of legal provisions to many companies drilled loopholes, a lot of non-standard behavior of the transfer of the business to continue to cause conflicts become a hot topic of China’s legal profession.Business for sale is a way for enterprises to survive. However, the transfer of the specification or not, determine the legality and success of this system. In this paper, analysis and overview of the foreign law on the transfer of business to start, its adoption of the resolution, the circulation of the original corporate debt and commitment, presented their views on the non-compete obligations of the transferor.