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Researchon Stock Inheritanceof Limited Li Ability Companies

Posted on:2020-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2416330572476758Subject:Economic Law
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China’s limited liability company is different from a joint stock company,and it not only has the characteristics of humanity,but also has the characteristics of capitalism.Not only that,but also in terms of equity inheritance,it is different from joint stock companies and other common inheritance methods.Because of the characteristics of the limited liability company’s humanity and qualification,the issue of equity inheritance of limited liability companies is relatively complicated,and it is necessary to balance the interests of many aspects.However,the legislation on the inheritance of equity in limited liability companies in China is quite broad,and it is difficult to be meticulous and specific,resulting in many cases of different judgments in the same case.Therefore,the relevant provisions on the equity inheritance of limited liability companies in China need to be improved.Therefore,this paper intends to compare and study other relevant legal provisions in China on the basis of the legislation on the issue of equity inheritance in the Company Law of China.At the same time,organize the different views of the academic circles on relevant issues,and refer to relevant foreign legislation.Express your own views on the problems that arise in the practice of equity inheritance.This paper first demonstrates the inheritability of the equity of a limited liability company.This section focuses on the concept and nature of equity,and sorts out the relevant views of scholars.On this basis,equity is considered to be an independent civil right.Then,through a detailed discussion of the property and non-property of the equity,it is believed that the equity can inherit the legal basis.Secondly,it analyzes the legislation and judicial status of the company law in China’s "Company Law",taking the example of the referee in the current practice as the entry point,and thinks that the "Company Law" in China is too abstract.By introducing the relevant provisions of the Anglo-American legal system and civil law countries on the issue of equity inheritance,it sums up the references that can be used for reference,such as through the register of shareholders against legitimate heirs entering the company.Finally,in view of the practical problems caused by the lack of legislation in China,the paper puts forward some suggestions on perfecting the issue of equity inheritance of limited liability companies in China.
Keywords/Search Tags:Limited liability company, shareholder qualification, equity inheritance, humanit
PDF Full Text Request
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