The Acquisition In Good Faith Of The Share Limited In Liability Company

The legal system from scratch of the socialist market economy, the formulation to the transaction details from the basic principle of the legal provisions, the continuous development and improvement of the socialist market economy. Between the two major requirements for transactions in the market there has been a rank value controversy, security stability and transactions in the transaction. The two together is the bona fide acquisition system. The system of bona fide acquisition through development and a period of study,for in the law of real right has been widely recognized, but for the rights of a limited liability company can apply to the system of bona fide acquisition,in the theoretical circle and judicial practice circle consensus exists controversy. Some people think that the equity applicable to bona fide acquisition system can encourage equity transactions in the market,promote the development of the market economy, maintaining the trade stability, also somebody thinks, allow the transfer of shares acquired in good faith will infringe upon the interests of other shareholders. "Law interpretation 3" in the first 25-28 pairs equity bona fide acquisition system has been specified, however, because there is no clear judicial interpretation of three shares acquired in good faith system can apply the theoretical basis, results in the course of judicial practice prone controversy and disputes.This article explains the three provisions starting from the judiciary, first made in good faith to discuss whether equity theory, allowing stake acquired in good faith on the basis of full recognition of judicial interpretation of the three specified on, a limited liability company as the research background, goodwill acquired equity stake in the transfer of a limited liability company in the course of the applicable conditions, principles, considerations and other issues are analyzed. To analyze the particularity of equity, property Law and the bona fide acquisition system for horizontal comparison, the use of comparative analysis, logical analysis and other methods, explore the transfer of a limited liability company shares acquired in good faith and apply the theoretical basis of the system standard.This article focuses on the changes in ownership patterns conducted a comprehensive comparative analysis. Think of that, changes in ownership patterns shall mean doctrine mode. property ownership model is based on the goodwill acquired in good faith to obtain based on the model, property acquired in good faith and bona fide acquisition mode for a detailed comparative study for the shares, both elements found in the model has many similar parts, finally, this paper for the practice as "Second wave of selling," anonymous contribution in the name of the shareholders entitled to specific operational issues such as the transfer of ownership of equity acquired in good faith theoretical analysis and practical application integration, transfer of shares acquired in good faith for some exceptions apply system complements, and on how to improve the equity acquired in good faith to propose effective advice.