On The Existence Or Abolishment Of The System That Good Faith Acquisition Applies To The Company Law When Nominee Shareholder Dispose Of Stock Right

In the practice，the dormant investment inevitably triggers disputes. How to solvethe problem has been a hot academic focus. Concerning this issue, the system in ourcountry is in legislative gap all the time. Until2011, the provisions(3) of severalproblems about applying<Company Law of the People’s Republic of China>[hereinafter referred to as juridical interpretations(3)of company law] were notpublished by the Supreme People’s Court. It has made clear and limited stipulationsabout the dormant investment.The Property Law of PRC (hereinafter referred to asproperty law) establish the good faith acquisition. The topic of the thesis is whether ornot the system applies to the company law when the nominee shareholder dispose ofstock right.By collecting and sorting out some relative laws and regulations,this paper isdevoted to discussing these issues on the basis of judicial practice by giving pros andcons. Through the analysis, this paper denies the good faith acquisition and makesrecommendations for improvement. The discussion in this paper is hoped to play areference role in future development of theory and practice and provide solutions toimprove dispute settlement mechanism,thus can be of help to legitimate rights ofparties involved.