On Behalf Of Shareholders Equity Transfer Of The Acquisition In Good Faith

China’s company law judicial interpretation for t he nominal shareholder equity three" of the unauthorized disposition made the general provisions, pointed out to deal with the system of unauthorized disposition of equity can refer to the "property law" in good faith. But in the judicial practice, how to refer to the rights of bona fide acquisition elements is a worth discussing. The independent rights of shareholders’ equity as a type of property and personal property, there is a clear distinction between right and. Therefore, compared with the real right system of bona fide acquisition, acquisition of the equity acquisition in good faith system has its particularity.This paper is to study the current judicial practice in China under the background of the right kind of reference shareholders stock transfe r dispute case, and discusses and Research on it, in the case of "nominal shareholders equity transfer" as the starting point, discusses in detail the contents of elements of the equity bona fide acquisition in order to better apply, in good faith in judicial practice to obtain the relevant system to deal with the current equity disputes.The main body of this thesis consists of thret part is the basic situation of the case review. The nominal shareholder equity transfer this part mainly expounds the "nominal shareholders equity transfer" problems caused by the disputes about the contents of the bona fide acquisition. Mainly includes the basic situation of the case, the request of the parties and the judgment of the court of final three parts.The second part is to list. Including the nominal shareholder of the company’s equity disposition behavior whether to belong to unauthorized disposition; registration is the nominal shareholder equity transfer behavior of the basic elements of bona fide acquisition; n ominal shareholder equity transfer in the name of bona fide acquisition in good faith to determine.The third part is the combination of theoretical analysis and case review. One is about whether nominal shareholders Liu XX to dispose of their shares of the company under the name of acts of unauthorized disposition. This part discusses two important legal issues are closely related to the focus of controversy in this case, one is the Liu XX is the name of the company shareholders, the two is whether Liu equ ity disposal behavior of equity of unauthorized disposition. Thus, the nominal shareholders are the shareholders of the company, but the right of disposition by the generation of shareholding agreement, without the authorization of the right to dispose of the dormant shareholders equity. The manner of untitled disposition behavior. At the same time, because of reasonable reliance of publicity rights of bona fide third party, and on this basis, and completed the transfer of shares, as the actual investor on behalf of the shareholders shall have the right to dispose of shares by the company to the parties to the transaction that the equity transfer agreement is invalid, this time as the transferee third people can claim the equity bona fide acquisition system to maintain their legitimate interests. The two is whether the B company registration are shareholders of the equity bona fide acquisition elements. Through the analysis of corporate ownership registration, itself has the effect of registration of change o f equity, the validity of the contract on the transfer of shares of equity change registration changes on the equity of the company, the shareholders of acquired in good faith legal publication method. Three is company B is good, or whether it satisfies th e requirements of the equity bona fide acquisition in good faith. Through the analysis of the basic meaning of good faith and the time point and the burden of proof allocation of those content to judge.