A Study On Legal Problems Of Dormant Stock Right’s Civil Enforcement

In the past few years,with the increasing number of dormant investors in the economic activities,in the domestic company law field,the number of cases about the dormant stock rights disputes have increased.In the enforcement field,enforcement cases referred to dormant stock rights can be often seen.However,in the domestic existing law,there is no specific regulation about the enforcement of dormant stock rights.In practice,when the court disposes the dormant stock right enforcement cases,it mostly takes the civil enforcement regulations of the company’s stock rights for reference,but the dormant stock rights have the specialty.Due to incomplete laws,the standards adopted for the practical dormant stock right enforcement are not consistent,different adjudication results may occur in similar cases.By summarizing the problems existing in the domestic dormant stock rights’ civil enforcement program,it analyzes and demonstrates the related legal problems,attempts to explore and guide the united rule of dormant stock right’s civil enforcement,which has the significant meaning to unify the judgment scale,establish the judicial authority,push and solve the enforcement difficulty and maintain the legal rights and interests of parties.By reading up literature and analyzing cases,it conducts the relatively systematic research on the civil enforcement problem of dormant stock rights.In this paper,the author believes that when the nominal shareholder is the debtor,dormant shareholders can advocate for legal rights and interests by putting forward the outsider enforcement objection and the appeals of outsider’s enforcement objection.When the outsider is implementing the appeal of the enforcement objection,the dormant shareholder is confirmed the actual right holder involved in the equity,the court has no adopt the compulsive executive measures on this stock right.When the dormant shareholder is the debtor,enforcement applicant can propose “subrogation alteration lawsuit of the enforcement applicant”,specify the legal status of dormant partner actual right holder,so as to adopt the civil enforcement measures on the dormant stock rights,and implement the solvency of creditors’ rights.