Research On Acquisition In Good Faith In Ltd. Equity Trading

Acquisition in good faith has been introduced to China through judicial interpretation,aimed to make up for the defects brought by the inhere equity trading rules and reduce the buyers' obligation of notice,preserve the security of trading.However,since the conflict of documentary evidence of stock rights and the short of public trust,and the short of system designed to supply,led to legislative aims throw to the winds.Besides,some states which have been identified by the judicial interpretation did not meet the premise of the acquisition in good faith,however some another states which has not been prescribed may conform to the constitutive requirements of the article.In addition,in the process of solving actual case,how to find whether the buyer is in good faith and how long should the condition persist,whether the condition of being blamable should be considered,how to compare the law benefit between the buyer and the true owner,all need further discussion.That is to say,since the acquisition in good faith was brought in too hasty,there was too many problems wait for solution.The paper was divided into three chapters,corresponding tothree important elements of good faith system.The first chapter is unauthorized disposition inacquisition in good faith.This chapter discusses the characteristics of the stock rights and the judgment standard of the unauthorized disposition,soon afterwards classified some basic case type in practice,make judgement on whether the confirm to the requirements of unauthorized disposition the can be achieve.The second chaper is about the right appearance inacquisition in good faith.First,the paper analysed the problems in legislation and practice in the register of shareholders and business registration,then describes the principle and the methods of transforming the right appearance.In the end,the paper reviewed the effect of the right appearance transformed.The third chapter describes the blameworthess inacquisition in good faith.Containing the good faith of the buyer and the blameworthess of the true owner.Refered the rule of judgment and the assist standard concluded from the judicial practice and the contrast between the property law and the company law.Besides,it also refers to the subjective state at which time and the burden of proof.In the final section,the paper refers to the importance of blameworthess become an element,then measured interests combined with the case,help to find the balnce between the two blameworthess.