Legal Analysis On The Case Of Tang V.Zhou’s Installment Payment Equity Transfer Dispute

The termination of the installment equity transfer contract has not clearly regulated in China’s Contract Law,Company Law and the relevant judicial interpretation,which cannot meet the needs of judicial judgment,so that there are a large number of cases with different judgments in practice.In view of this,the case of Tang v.Zhou installment equity transfer dispute is selected as the guidance case No.67 of Supreme People’s Court,the typical problems in this case are intended to be used as referee reference of other similar cases with guiding significance to unify judicial judgment.However,the legal application of the termination of the installment equity transfer contract is not fundamentally solved and the judgment reasons are not convincing.Therefore,there is a big dispute in the theoretical circle.This paper takes the case of Tang v.Zhou installment equity transfer dispute as the main research object and the legal application of the termination of the installment equity transfer contract is discussed by analyzing three controversial points in this case including whether Zhou has fulfilled his obligation to demand payment,whether Tang delaying in performance constitutes a fundamental breach of contract and whether this case applies to the provisions of the termination right of Article 167 in Contract Law.This paper puts forward some suggestions to perfect the termination system of the installment equity transfer contract from three dimensions of theory,legislation and judicature.Aiming at the legal issues reflected in this case that the development of commercial transactions is restricted,the protection of the company and the third party is incomplete and the application space of other intangible property is limited,this paper theoretically proposes to establish the applicable rules for the phased differentiation of contract termination according to the particularity of the installment equity transfer contract.In the legislation,the notice procedure for the establishment of the discharge right of installment payment in Contract Law,the special provisions for the establishment of the release of installment equity transfer contract in Company Law and the legislative suggestions for improving the judicial interpretation have been proposed.In the judicature,some suggestions on the value orientation of commercial thinking,the equal emphasis on corporate equity and human equity,and the phased consideration of the protection of rights and interests have been raised.All suggestions above are to perfect our country installment payment equity transfer contract to dissolve the system.