Research On The System Of Acquisition Of Equity In Good Faith Of Limited Liability Company

The system of acquisition in good faith first appeared in the property law.Its essence is to give up the interests of the original obligee between the third party and the original obligee,to protect the interests of the third party,so as to ensure the safety of transactions and the order of market order.With the continuous development of market economy,the intangible social wealth of stock right is becoming more and more important in the whole market transaction.Therefore,the security protection of stock right transaction market and the maintenance of its orderly order have become an important task for China's legislation.2011 Supreme People's Court on the application of the company law of the people's Republic of China The provisions of several issues(3)stipulate that the system of good faith acquisition should be used in equity trading,but only for the corresponding provisions of "nominal shareholder disposes of equity" and "one share and two sales".It is clearly stipulated that under these two circumstances,the system of good faith acquisition should be handled according to the relevant provisions of the property law,and it is not mentioned that it is based on the way of good faith acquisition of movable property It is the way of acquisition of real estate in good faith.Equity is not only the premise for shareholders to participate in the company management,but also the basis for shareholders to share the company's earnings.It has the dual attributes of property and personal nature.The application of the system of acquisition in good faith should be analyzed from the characteristics of equity.There are some differences between the right appearance of equity and the ownership of movable property and the registration of different property registers.Therefore,from the particularity of the nature of equity,when applying the system of acquisition in good faith,we should start from its attributes and reasonably consider its constituent elements.The value of law is that it can be implemented in practice,and the law that can't be implemented is nothing.The system of acquisition of equity in good faith should also be implemented in equity dispute cases,so as to truly reflect the significance of existence.The promulgation of the judicial interpretation of the company law(3)provides a basis for the application of the system of good faith acquisition of equity,but there is no detailed explanation and explanation of the applicable norms.In dealing with various types of equity disputes,the application of the system of good faith acquisition is mostly based on their own experience and understanding,and there is no consistent norms and standards.This paper makes an in-depth analysis of the basic concepts,describes the difficulties in the implementation of the system of acquisition of equity in good faith,and puts forwardreasonable suggestions on the relevant legal content.With the help of the research of this paper,this paper tries to promote the system of good faith acquisition of equity to play a positive role in the stable development of the market economy order and help the orderly operation of equity trading in the market economy.