Research On The Legal Issues Of Rescission Of Share Transfer Contract

As the main form of equity transfer in Limited Company,equity transfer contract has an important impact on the flow of assets of Limited Company,the protection of investors 'interests and the stability of social transaction order.It is also related to the realization of market economic reform such as promoting the development of private economy and optimizing business environment in China.But nowadays,as an important remedy way of equity transfer contract,the system of dissolution has not been taken seriously by legislation,and the relevant judgments in judicial practice are various,which leads to confusion in the dissolution of equity transfer contract,which is not conducive to the protection of investors' interests,and is not conducive to the maintenance of judicial authority.Especially,the absence and ambiguity of the termination rules of the equity transfer contract of Limited Company,which set many obstacles for investors to enter or withdraw from Limited Company,are gradually becoming the main shackles hindering the further development and growth of private enterprises and small and micro enterprises in China.Therefore,this paper regards the rescission of the equity transfer contract as the main purpose and focus of the study,clarifies the differences between the rescission of the equity transfer contract and the sale contract,and provides suggestions for the improvement of the rescission of the equity transfer contract,and provides a clear basis for judicial practice.The article is divided into three parts: The first part elaborates the theoretical basis of rescission of equity transfer contract.It mainly includes two parts: the basic theory of equity transfer contract and the analysis of the particularity of the termination of equity transfer contract.On the basis of defining the concept,principle and characteristics of equity transfer contract,it focuses on the comparative analysis of the particularity of the termination system of equity transfer contract,which provides the theoretical basis and prerequisite basis for the further discussion of this article.The second part elaborates on China's shares.On the basis of the current situation of legislation and practice of power transfer contract,this paper makes a concrete analysis of the existing problems in rescission of equity transfer contract in China.At present,the main problems of equity transfer contract in our country are the confusion of judicial practice caused by theabsence of legislation,which is manifested in the following aspects: the identification of legal reasons for rescission is different under special circumstances,the standard of validity of rescission is not clear,the current law can not deal with the complexity of rescission consequences and the lack of restrictive mechanism for the exercise of rescission right;the third part of the article,aiming at the problems of our country.The above-mentioned problems in the rescission of equity transfer contract put forward corresponding legal countermeasures,hoping to provide the basis for the judicial practice of resolving disputes in the rescission of equity transfer contract,and then promote the healthy development of equity transaction.