Research On Equity Acquisition In Good Faith Of Limited Company

The Acquisition in Good Faith first applied to the field of chattel,to balance the interests of the owner and the security of transactions,and then gradually applied to the real estate and other property,but can be applied to equity,our country has been inconclusive. With the need of practice and the implementation of《Provisions of the Supreme People’s Court on Several Issues concerning the application of Company Law(three)》,Acquisition in Good Faith can be applied to equity is determined. However,due to the controversial nature of the equity itself,and publicity system of equity is not unified,causing many problems in the application of the Equity Acquisition in Good Faith.This paper is divided into three sections,discuss the constituent elements of Equity Acquisition in Good Faith in detail. That is,how Acquisition in Good Faith be applied to equity.The first chapter is unauthorized disposition of Equity Acquisition in Good Faith. This chapter discusses the nature of equity,it should be an independent right, and it can be applied to Acquisition in Good Faith,then classify the unauthorized disposition of equity from a practical point of view.The second chapter is good faith of Equity Acquisition in Good Faith. This chapter discusses the good faith should be recognized from the objective angle,combined with the duty of care of third people and other standards. And original rights holders should bear the burden of proof. The good faith should maintain to the time of apply for registration, because at this time,third people already do all of its obligations,and can not create more favorable effects on the final register.The third chapter is the formal element of Equity Acquisition in Good Faith.This chapter discusses the various theories of changing patterns of equity,finally choice doctrine of autonomy as the changing patterns of equity due to the provisions of the company law and the principle of autonomy. But finally achieve equity should registration,it does not conflict with the doctrine of autonomy,their bases are different. To register for the formal element conforms to the requirements and purpose of acquisition in good faith.This can completely achieve equity,make equity return to steady state.