A Study On The Legal Application Of The Lawsuit Of The Execution Objection Of Nominee Holding

In today's prosperous market economy,equity holdings are favored by many investors because of their concealment and flexibility,but the resulting disputes are also showing a high trend and cannot be ignored.Especially for the enforcement of shareholding rights,the current law has not yet made clear and uniform provisions,which has caused judges to have a great deal of divergence in the understanding of laws and judgments when adjudicating related cases.The core issue discussed in this article is whether the actual investor can exclude the mandatory enforcement of the equity application by the non-equity transaction creditors of the nominal shareholders through the execution of the objection.This article aims to provide useful ideas for unifying the referee standards for the execution of objections on behalf of equity holdings by sorting out relevant controversial cases,accurately focusing on existing problems,and conducting analysis and demonstration.This article believes that the court should clearly abandon the judgment path of applying or excluding the application of right appearanceism when reviewing the lawsuits filed by actual investors,and focus on the essence of the objections of outsiders.It is necessary to combine the facts of the case to determine whether the actual investor actually enjoys the equity as the starting point,and then discuss it in two types.First,in the case that the actual investor has not actually enjoyed the equity,he only has the right to claim investment rights to the nominal shareholders.This right is still a creditor's right in nature,which is not enough to exclude the mandatory execution of the nominal shareholder creditor's application;second,the actual investor If it can be proven that it has substantially enjoyed the equity before the execution,the equity is of a quasi-property nature and its effect is superior to the general creditor's rights,and the creditor of the nominal shareholder is not engaged in a transaction for a specific equity and cannot apply for it according to the principle of commercial appearance Article 32,paragraph 3 of the Company Law provides protection,so the actual investor has the right to exclude enforcement.