Research On Defective Capital Contribution Equity Transfer

As we all know, the qualification of shareholders want to get legal and complete, thepremise and foundation is funding. And capital contribution flaw is a direct result of theequity on the flaws, and this kind of articles definitely confined the right of people.And theequity transfer contract, but also involves the flaws capital things related responsibilityconfirmation of problem, this problem is also a difficulty in the law practice. To solve theseproblems, our country’s corporation law judicial interpretation of three, shareholders ofcapital contribution flaws capital contribution of case handling, and made a related liability,to a certain extent, eased some problems in the current judicial practice in our country, but itscontent is still remains to be perfect. In the article, the author plans in the current theory andpractice, on the basis of the knowledge of the problem, combined with domestic and foreignideas, in-depth analysis of the influence of the right of people. And also, the maincontribution in the equity transfer contract, and through the analysis and discussion ofdefective capital contribution of the equity transfer contract liability and relief of the assignee.This paper is divided into five chapters discuss the flaws capital contribution equity transfer:The first chapter is stated in this paper, the research content. Including relevant content,such as the meaning of defective capital contribution equity, illuminate the main researchobject of the article, namely the flaws capital contribution of equity transfer issue. The secondchapter focuses on equity transfer due to capital contribution flaw and the effectiveness of thecontract. And sums up the current existing in the theoretical circle of different theories aboutcontract effectiveness, including invalid said point of view, and compromise that point ofview, and the current more adopted revocable and effective. After the analysis of the fourpoint of view, the writer obtained the following view: if there is fraud assignor in behavior,then the contract may be revoked. The third chapter is the focus of the study of the problem,the writer focuses on the assumption of responsibility. Especially,on the responsibility ofpeople,that is to say, defective and protect the capital contribution equity transfer contract isthe current difficulties in legal practice, so it is of great significance. The author based on the current domestic and foreign related cases and legal rules, analyzes the problem that,thetransferee,also including the transferor and the liability of promoter, further detail as toprovide theoretical basis for solving the problems existing in the practice; Chapter4on theassignee of the relief, at present our country law only to the assignee of the right of recourseagainst the confirmation, but the other problem is not involved, so the author on the basis ofthe right of recourse against the, also combined with the transfer was analyzed, and the otherresponsibilities, including breach of the contract and the right of the people and tort liability.