Limited Liability Company Equity Succession Law Path Analysis

Equity inheritance is a issue that most limited liability companies face,the nature of equity decides whether it can be inherited,the content of equity influence the effect of inheritance,human Joining of the limited liability company causes the interest conflicts among heirs,shareholders and company,how to realize heir equity inheritance as well as reduce damage to company and how to realize win-win situation of heir and the company become a legal issue to be solved in equity inheritance of limited liability company.Although the seventy-fifth in company law has provided a legal basis for equity inheritance in limited liability company,but there are many shortcomings in practice.Many scholars concentrate on theory of inquiry at present: whether equity can be inherited,the shortcoming and improvements of seventy-fifth in the company law,the performance of equity inheritance in practice,and so on.The author respectively uses the empirical analysis in the introduction part,uses the value analysis in the first part and uses the methods of comparative analysis in the second part.The author puts forward countermeasures according to main legal problems on equity inheritance in limited liability company and explore the implementation path of equity inheritance.Full text is divided into three parts.The first part: pointing out the main legal issues in equity inheritance of limited liability company,include that the content of equity inheritance is not clear and nature is not be defined clearly.Lack of legal basis and procedural safeguard,equity benefits balance between inheritance and company people close,the exercise of equity.The second part: pointing out that the legal basis of equity inheritance in limited liability company,finding the basis mainly from the commercial law in the continental law system and Anglo-American law system countries,and stating domestic legal basis mainly from the constitution,the company law,inheritance law and other regulations.The third part: putting forward solutions aiming at the main legal issues of equity inheritance in limited liability company,refining the law of equity succession,protecting the interests of other shareholders by dissenter's right,realizing the exercise of equity centrally by building a total of equity agent system and safeguarding the interests of the limited liability company by building equity inheritance trust legal system,trying to find a realization path of equity inheritance and perfecting equity inheritance in limited liability company in our country,Hregularizing inheritance equity in limited liability company.