The Research On The Problem Of Unfair Related Transactions Of Revocation

After the first part of this paper introduces further related transactions of unfair relatedtransaction concepts are defined, that the unfair affiliate transaction shall be from the twoaspects of procedural and substantial conditions to identify. For related party transactions, isgenerally believed that if the parties or between the control or significant influence is thatrelated party, related party transactions between the related party transactions. The concept ofrelated transactions from the concept of association of people as the foundation, makes a cleardefinition of the concept of related party. For the unfair related transactions have threedifferent theories, this paper uses the international general said, and expounds their reasons.The second part analyzed the status quo of China’s unfair connected transaction, by usingthe method of empirical research, the characteristics of the new era of China’s unfair relatedparty transactions are summarized, summary. In China’s rapid economic development and atthe same time, unfair affiliated transactions also emerge in an endless stream, but the totalwraparound rise to basically have the following characteristics: one is the generationmechanism of the subject is not perfect, the two is the main body of ownership structure is notreasonable, three is the internal governance structure is not perfect, four is relatively lagginglegal regulation and supervision. As China’s unfair related party transactions has its owncharacteristics, the purpose of this paper is to propose a reasonable solution to solve the aboveproblem.The third part of this paper is the special case of unfair related transactions in our country,puts forward the Countermeasures of improper related party transactions. Because this articleis discussed from the perspective of unfair transaction cancellation, so the first part of thetheory of argument, that the unfair related transactions in violation of the equality principle incivil law and the agency system. Then from the practical operation of the exercise of the rightof rescission and remove the limitation period is discussed, that not only the creditor enjoysthe right of revocation, and the Hypotaxis company minority shareholders also have the rightof revocation, and the right of revocation by the scheduled period limit. The fourth part the consequence of the unfair related party transactions are summarized,which clearly determine the main responsibility of unfair related party transactions, anddiscusses the scope of compensation for unfair related party transactions.