Judicial Practice And Jurisprudence Research On The Rescission Of The Equity Transfer Contract-Comment On The Case Of Changlong Tang Vs. ShihaiZhou

As a kind of business contract and general contract,there are many differences between the contract and the general contract.Its particularity is mainly due to the particularity of equity and the particularity of the legal system of the company.Equity is the right of shareholders to obtain economic benefits from the company and participate in the management of the company based on the qualification of shareholders.Equity is a comprehensive right and is regulated and regulated by the law of the company.It has the property right determines the characteristics of the transferability of shares,so you can apply the relevant provisions in the "contract law",but the characteristic of the non property rights also determine its relevant provisions in addition to relevant provisions of the applicable contract law must also be combined with the "company law".For the transfer of shares,especially the transfer of shares of limited liability companies,the company law of China has made detailed provisions,but there is no provision for equity transfer contracts.Almost all the transfer of shares is completed in the form of contract.In the company law,there is no provision for equity transfer contract,so the problem of equity transfer contract can only be solved by contract law.At present,the contract law of China does not specify the contract for the transfer of shares,but only establishes the provisions of the contract law when dealing with the issue of stock transfer contracts,which also leaves difficulties for solving the problem of stock transfer contracts concretely.The dissolution of the equity transfer contract is one of the most important issues in the dispute over equity transfer,but it does not attract the attention of the validity of the transfer contract.But this does not mean that the problem is not important.There is a dispute between the theoretical and practical departments on whether the transfer contract can directly refer to the relevant provisions of the sale contract.Especially when taking installment payment of the equity transfer case,the transferor in the transferee fails to pay due to the equity transfer price of the total price of 1/5,the transferor will invoke the "contract law" article 174 th,then quoted the "contract law" article 167 th to the transferee pay all equity transfer or the termination of the contract,the law does not give clear rules.This makes the different courts make different judges in the same court case,in order to unify the administration of justice,the Supreme People's Court pointed out that payment of the equity transfer contract does not apply to the "contract law" 167 th article on instalment buying and selling provisions in their published guidance in case No.sixty-seventh.Although the guiding case of the Supreme People's Court played a role of unified judicial decision,it did not fundamentally solve the related problems of the installment payment equity transfer contract.This paper attempts to use the guiding case for the entrance,through the analysis of the installment contract for the sale of equity transfer contract characteristics,characteristics and value orientation of the equity transfer contract payment installment of the referee,the equity transfer contract for the "contract law" to 167 on the installment sale regulation from theory and judicial analysis the angle of practice.