Determination Of The Validity Of The Nominal Shareholder's Equity Disposition

The separation of the qualification of shareholders and equity earnings in nominal investment is a common phenomenon in company law practice,26th article in the third judicial interpretation of company law adopts the method in article 1 06 of the property law to determine the effectiveness of the nominal shareholders equity disposition.This dissertation studies the issue of the effectiveness of the nominal shareholders equity disposition on basis of The Separation Theory.26th article in the third judicial interpretation of company law try to solve this problem,but there lays difficult to overcome the logic dilemma,and unable to solve practical problems in the judicial practice.Commercial Exterior doctrine has some values to determine the effectiveness of the nominal shareholders equity disposition.The Separation Theory advocates that the separation of property rights and personal rights is the inevitable result of the development of the company law system.This dissertation maintains that under The Separation Theory,some rules of determining the effectiveness of the nominal shareholders equity disposition can be constructed.