On The Right To Repent Of The Transfer Of Shareholders In The Equity Transfer

It's the first time that Judicial Interpretation of Company Law(4)talks about the right to withdraw shareholders' right of resigning in the process of equity transfer.As the first mentioned right,the theoretical basis and practical application of the right of resigning are not yet mature.Whether the granting of such rights to the transferring shareholders is a reasonable protection to the transferring shareholders or an infringement on the right of priority purchase of other shareholders of the company;At present,there is no unified judgment standard and guidance method for the exercise and restriction of such rights in judicial practice.This article starts with the priority right of purchase,which is opposed by right of resigning discusses the nature,exercise and exception of the right of estoppel,and provides a theoretical basis for the application of right of resigning and judicial practice.At the same time,in the current judicial practice,there are more and more cases of disputes over the transfer of equity,and the situation and problems have become more and more complicated.Although disputes arising from the sole exercise of the right to transfer shareholders ' repents are rare,the existence of the right of resigning does have a great impact on the realization of the rights of the three parties in the transfer of equity.Due to the short time when the validity of the right of resigning was confirmed,the degree of detail of the legal provisions and the guidance of the case in this regard are not yet satisfactory,resulting in the inability to reach agreement on its understanding and application in judicial practice,which in turn leads to different standards of adjudication.Influencing the authority of the judiciary.Under these circumstances,it is particularly urgent to improve the legal system of granting shareholders ' right of resigning as soon as possible in order to meet the needs of economic development and trial practice and to maintain the balance of economic markets.In this paper,the author discusses the problem that the right of resigning appears in practice,using the point of view in the "Judicial Interpretation of Company Law(4)" as an entry point,and using the principles of the "General Civil Law","Contract Law" and "Company Law" to analyze the relevant typical cases.In order to achieve a deeper understanding and correctly and reasonably apply the legal provisions in judicial practice,to protect the legal rights of the shareholders of the company and the third party to be transferred,and to provide reference for the occurrence of this type of case in judicial practice.To create a good business environment to provide legal basis and judicial guarantees.