Research On The Legal Issues Of Equity Transfer

Company is currently the most common form of business subject in market economy,the wealth in the form of equity equity company is becoming more and more valued by people.Equity circulation is the important way of realizing in wealth,in the process of equity circulation should not only guarantee that the old and new shareholders in the form of low cost and high efficiency of transfer of the company,and to ensure that does not influence the normal operation of the company.But,in the process of actual operation in the company,more and more disputes caused by the sale,especially the dispute over the flaws capital contribution equity transfer is more abundant.And foreign transfer capital contribution flaw equity will cause a series of complicated legal problems and contradictions,affect the company inside and outside the rights and interests of many subjects.How to solve the problem of the equity the transfer of the faulty factors,standardize the rights and obligations,reflect efficiency and fair,is badly in need of relevant system specifications.Our country law and judicial interpretation of the relevant specification is not comprehensive,in practice there are a variety of various treatment and consequences,appeared in the judicial practice is difficult and controversial.Due to this kind of dispute in the theoretical circle and judicial practice have different understanding and handling,beneath the authority of law is not conducive to judicial fairness and stability.In this paper,the first part of chapter defined defects equity transfer and defective concepts of equity,and based on the causes for defects of defective equity stake for scientific classification,and then discusses the legal basis for its can transfer,as discussed below defective equity contract effectiveness paving.The second part mainly analyzes the defects of the equity transfer contract effectiveness.Enumerate several kinds of main academic theory,and then analyzes the academic circles and the judicial practice on the issue of different understanding and the processing method,join applicable rules of commercial law and civil law,summed up the cognizance of this kind of contract effectiveness.The third part studies defects liability after the sale.Through judicial cases lead to defective equity in transfer in practice how to specific liability,respectively,the research on the company's capital enrichment,and the liability for compensation,the liability for breach of contract to keep the original shareholder,creditor supplementary liability to the company.The fourth part is according to the problems existing in the current defects equity transfer system corresponding perfecting suggestion.