Research On Legal Issues About Defective Equity Transfer Of A Limited Liability Company

Company is currently in the rapid development of the most common form of business subject in marketing economy,has created and more to the important form of the social wealth of equity is valued by people.Equity transfer is becoming more and more frequent,conflicts and legal problems,especially because of the capital contribution defects of equity transfer caused by cases abound in practice.How to solve the problem of the equity the transfer of the faulty factors,standardize the rights and obligations,reflect efficiency and fair,is in urgent need of relevant system specifications.In this paper,on the basis of summarizing the predecessors' research achievements of these related to defects in the equity transfer of thinking and analysis on the legal issues,and hope for the future help handle such dispute.This author studies the background and meaning in the first chapter,and studies the content and methods.The second chapter defines defects equity transfer and defective equity concept and scope,according to the specific causes of defective equity performance situation and scientific classification,as discussed below paving.The third chapter analyses defects of the equity transfer contract effectiveness,clear with the investors in the form elements even flaws capital contribution with shareholder identity,defective equity negotiability.After the analysis of the theory and judicial practice on the issue of different understanding and the processing method,join applicable rules of commercial law and civil law,summed up the ideas of this kind of contract effectiveness.Chapter iv issues of liability after the transfer of defective shares.By reviewing the relevant viewpoints of theoretical and judicial practice,this paper summarizes the method of determining liability and then focuses on how to carry on the responsibility.Chapter 5 defective equity transfer legal system perfect suggestion,according to the analysis put forward legislative Suggestions of the individual,and focuses on how the assignee of defective equity risk prevention and legal relief and other rights.