The Equity Transfer Contract Dispute Case Analysis Of Yunda Company, Huimei Company And Vicheng Company

In today’s highly developed market economy, equity has become a modern society, an extremely important commodity circulation, capital operation, transfer of equity are increasingly a cause for concern and reflection. Equity transfer dispute is a matter of civil and commercial disputes in recent years, the People’s Court accepted the often involved, but the practice identified on the effectiveness of such contracts and obligations, are still difficult. This paper selects the equity transfer contract dispute in the more typical case, the trial practice focuses on identified equity transfer contract effectiveness, equity transfer litigants additional equity transfer contract performance disputes breach identification and commitments, guarantees and assume responsibility for the identification and other issues will be summarized in four aspects and discussion in order to be able to share transfer contract disputes judicial practice to provide some help. This paper presents, from the general and the special nature of the two aspects of the effectiveness of an equity transfer contract comprehensively identified. Considering the motives of the parties contracting, contracting behavior, influence the behavior and performance of many factors that brought public law, in accordance with the provisions of the law, from the promotion of trade, encourage investment and innovation values starting to specific conditions to identify contract effectiveness; on the basis of the theory of the common system of civil proceedings in the third person on an accurate understanding of the theory of the equity transfer litigants additional problems such proceedings accurately grasp. In seeking a fair trial on the basis of the entity to ensure procedural fairness, judicial economy and improve convenience, comprehensive protection for shareholders especially the legitimate interests of minority shareholders; to the common situation of the equity transfer contract performance disputes and grasp accurately distinguish on the basis of breach of duty to accurately identify. For determining liability for breach of the parties to adhere to the principles apply to business practices and careful intervention, according to the specific circumstances of the dispute occurred, be careful, reasonable discretion; guaranteed to accurately identify the effectiveness of the contract in the equity transfer contract disputes, guarantee during the time of responsibility, the responsibility to ensure that the range of issues such as the comprehensive protection of the legitimate rights and interests of creditors and actively respond to contract various risks arising from the process of fulfillment Trial share transfer dispute is essentially a confirmation process rights, I believe that with further improvement of legislation, judicial practice and difficult problems in this regard will solve them.