Research On The System Of Bona Fide Acquisition Of Limited Liability Company

The bona fide acquisition system in our country is able to apply in theory is still controversial, this is due to the difference of property and equity, and the special nature of equity and limited liability company have strong photosynthetic characteristics. With the Supreme People’s Court promulgated and implemented the "Regulations on some issues concerning the application of the people’s Republic of China Company Law (three)", specified share of the limited liability company can refer to" property law bona fide acquisition system to apply in some cases, this reference model is bound to apply is not a permanent solution, in our country to establish the bona fide acquisition system increasingly high, in view of this, the paper carried on the bona fide acquisition system establishment and consummation of the full text is divided into three parts:The first part is shares acquired in good faith in the theory dispute through of shares acquired in good faith the academic controversy, analyzing the positive and negative, and summarizes the author’s point of view that is certainly the application of shares acquired in good faith, and from refute negative, shares acquired in good faith system necessary angle to the statement.The second part is our country shares acquired in good faith system review, through the present situation of legislation, summed up our country shares acquired in good faith system existence question, relevant legislation including the existing defects, equity goodwill achieved lack of elements, the lack of changes in ownership patterns of conflict and supporting system. Emphasis is laid on the constituent elements of the analysis of shares acquired in good faith.The third part is the suggestion of perfecting our country shares acquired in good faith system. Aiming at the problem of inductive above, puts forward the feasible suggestions, including for< Company Law Interpretation (Ⅲ)> the provisions of the existing defects, shares acquired in good faith system the general elements of design, unified equity change mode and to supplement the relevant supporting systems. From the four aspects of equity in good faith in our country made system comprehensive proposal is put forward.