An Empirical Study Of Shareholders' Preemptive Rights In Judicial Trials

Shareholders' preemptive right is an important right owned by the shareholders of the company,and has always held a special position in the company's system.Preemptive right of shareholders as the dispute over equity transfer of the main factors,with the deepening of the market economy and the complexity of company development,produced by the problem also more diversified.For the current"company law" provisions of priority right of shareholders have been unable to meet the need of the judicial practice,sinking into the predicament of the applicable legal system,and then issued < < company law > judicial interpretation(four)"is on the issues related to further regulation,but still can't completely generated shareholders right of first refusal to solve practical problems.On the basis of fully understanding the basic theory of shareholder's preemptive right,the author chooses special problems to analyze from the judicial trial and the relevant provisions of current law.Finally,on the basis of the foregoing discussion,combining with the relevant provisions of foreign laws,some Suggestions are put forward on the judicial dilemma of shareholder's preemptive right.The text of this paper is divided into four parts.In the first part,the concept of preemptive right is introduced and its nature is analyzed.The second part analyzes the articles related to shareholders' priority in our legislation from the aspects of the subject of application,substantive elements,procedural elements and legal remedies.Third part to collect the related cases as the carrier,the gift,the effectiveness of the equity transfer agreement,the cognizance of "equal terms",a period for exercising of priority right of shareholders and strong hold in the program of priority right of shareholders to exercise the verdict of the five problems,such as the classification analysis.The fourth part mainly discusses the problems in the third part.