The Research On The Equity Bona Fide Acquisition Of Limited Liability Company In China

The Bona Fide Acquisition (BFA) is a very important Civil law legal system inModern Continental. The BFA also achieved an indispensable position in terms ofprotecting the security of transactions.And the value of the system lies is the laws focuson the protection of the dynamic interests of the third party. With continue developingof the economy, the demand for the maintenance of the security of transactions in themarket along with growth.Therefore,the discussion about whether the equity transfer ofa limited liability company apply to BFA also increasing in the Academia. Supportersargue that equity applies to BFA is conducive to safeguarding the security of thetransaction, however, the Opponent think the system would infringe on the interests ofthe shareholders.January27,2011, the Supreme People’s Court promulgated on the application ofthe People’s Republic of China Company Law Provisions on Several Issues (c)(hereinafter referred to as" the Companies Act judicial interpretation "), which explicitlyprovides for equity in some case of bona fide acquisition in reference to the applicableproperty law. At this point, the Equity Bona Fide Acquisition finally Legislativefinalized in certain extent. As the judicial were promulgated and implemented,thisattract more and more law researchers’ attention, making equity intentioned exploreextending from theory to legislation and even respond to judicial practice and review.The introduction of such a requirement is not only the Equity Bona Fide Acquisition hasbeen on the basis of the substantive law, but also makes related disputes in the judicialpractice has been the basis for the solution.Although Equity Bona Fide Acquisition is to be a positive in the legislation,analyze the current legislative, the author thinks that whether from the theoreticalsystem or legislative norms are lot of room to improve. The article first affirmed thevalue of the existence of Equity Bona Fide Acquisition and analyzed Co., Ltd. equityBona Fide Acquisition of existing norms, derived from the existing norms of equitygoodwill system, this article combines with relevant theoretical knowledge, uses themethod of logical analysis, theoretical comparison and interpretation of the law toanalyze the existing shortcomings of Equity Bona Fide Acquisition System in China,thereby perfecting the system..