Study On The Legal System Of Business Transfer

The transfer of business is very common in modern commercial practice, not only in ourcountry is a natural human primary commercial important means of transaction, but also animportant means of modern commercial business restructuring of large diversified enterprisesand Internet. But at present our country’s civil legislation and have no legal concept ofbusiness and transfer rules made to confirm the legislation, the legislation and legal practiceof absence of business transfer related to appear all sorts of chaos and inefficiency of legalnorms, it is necessary to make a research of business transfer. In this paper, the essence ofbusiness in business transfer transaction to explore the basis, combined with the mainstreamlaw theories and the existing legislative framework, conducts the research to the legislation ofour country based on the legal problems of the business transfer, Efforts to explore themerchant standard business transfer substantial demand for trading rules according to theinternal requirement of real business practice, Based on the exploration of fair and efficient,simple and clear, and the existing legislation and the existing matching civil rights system ofbusiness transfer legal solutions to the correct specification guidelines, business transferbusiness practice, the realization of the value of commercial law.Study of the legal norms of practical significance of the transfer of the business, thispaper combined with the inherent characteristics of the transaction of business transfer, try tostudy the way to explore the commercial value of the truth nature of transaction of businesstransfer, in based on this exploration, through the requirement specifications for this fact ofbusiness needs, the analysis and the relevant norms of law, and find the legal norms of ourlegislative framework in the transfer of business needs, including the transfer of businesslegal concept and main special legal rules. And puts forward the legal practice of businesstransfer suggestions including legislation and law enforcement, business transfer based onconcluding comments on the.This paper concludes that the transaction of business transfer, has a special commercialvalue, commercial nature of business transfer is to the specific business transactions withspecific profitability, so really necessary business transfer lies in transferring subjectiveactivity corresponding to the specific business integrated adaptive knowledge and tacit knowledge characteristics of specialized business transfer of property and business, thus thetransferee direct access to specific profitability. Based on the complex connotation ofbusiness, the rights of the business itself should not be absolutely right, but the transfer ofbusiness is a contract with the contract object, complex object of the contract including manyproperties, content of different payment or disposition. The transfer of applicable laws andregulations in the business, business transfer contract for response to the general legal rulesand the special rules to make a distinction, based on the concept and connotation of theunderstanding of the business transfer, according to the specific properties of the businesstransfer request to the business transfer contract special rules were collected systematicallyand points out that the intrinsic logic of legal theory. At the end of this paper is on the basisof study on the front, the legal practice of business transfer of argumentation, respectively,discussed our country to business transfer special legislation necessity and positioning,special legislation of business transfer qualitative.