Legal Research On The Inheritance Of Equity

When a natural person shareholder dies,there will be a dispute over whether heirs can inherit equity,and this issue has attracted increasing attention.In this thesis,the limited liability company is used as the research object to analyze the legal issues related to equity inheritance.In a limited liability company,there is a problem of equity inheritance.The nature of equity determines that equity can be inherited.The human nature of a limited liability company can easily lead to conflicts between the heirs,other shareholders,and the company.How to realize equity inheritance as well as reduce damage to company and how to realize win-win situation of heir and the company become a legal issue to be solved in equity inheritance of limited liability company.In recent years,the number of lawsuits related to equity succession has increased year by year.The existing Company Law has not played a role in the issue of inheritance.The provisions on equity inheritance in the law are relatively simple and lack judicial interpretation.There are some methods of equity inheritance through case analysis and legislative evaluation.It is hoped that these inheritance disputes can be resolved.The structure of this paper is divided into four chapters.Chapter one is the theory of equity characteristics.The first section analyzes the objects of the general inheritance relations.The second section analyzes in detail the particularity of the equity inheritance.Limited liability company has a certain degree of specificity of equity inheritance,equity in the common property rights have personal attributes,so that it is different from the general property of the inheritance,the nature of equity-property rights have not been changed.So it still meets the requirements of becoming the object of inheritance.In order to protect the human nature of a limited liability company to exclude the unfamiliar successor to become shareholders of the company.But the human nature is not absolute,limited liability company also owned,human nature and cannot shake the equity Inheritance.The second chapter analyzes the problems of equity inheritance.The first section introduces the relevant provisions on the issue of equity inheritance of the limited liability company in China,including the Company Law and the Inheritance Law.The second section sorts out the controversial issues that may arise in equity inheritance.The third chapter analyzes the exercise of rights during the period of equity suspension.There are suspension period in equity inheritance and equity transfer.Our legislation has almost no provisions on this issue,which leads to chaos in this interval.It is difficult to get effective protection.The fourth chapter analyzes the solutions to the general problems of equity inheritance.First of all,it is recommended to regulate the articles of association from various aspects.The second method is to propose the establishment of an equity succession trust mechanism to protect the interests of the heirs,other shareholders and the company.Finally,it is suggested to improve the protection of the rights of dissident shareholders,and it is possible to file an objection.