Research On The Legal Application Of The Termination Of Equity Transfer Contract In Installments

In recent years,more and more company law cases have involved equity transfer disputes.Due to the huge equity transfer price,the buyer generally cannot pay all the prices at once,so the equity transfer and the equity transfer agreed to pay the price by installments,so the installment equity transfer contract came into being.At present,the controversy existing in academia and judicial practice is mainly whether Article 167 of the Contract Law can be used as the legal basis for the installment equity transfer contract.Due to the legislative blank of the rules for the termination of equity transfer contracts for instalment payments,this type of dispute leads to chaos in judicial practice,which is not conducive to the protection of the rights and interests of the parties,it is also not conducive to establishing judicial authority and maintaining social fairness.Therefore,this article analyzes the reasons for the judgment in Guiding Case No.67 and the similarities and differences between the installment equity transfer contract and the installment sales contract,and concludes that Article 167 of the Contract Law can be used as the legal basis for the termination of the installment equity transfer contract;but Article 167 of the Contract Law does not reflect the particularity of the equity transfer contract.Therefore,the application of Article 167 of the Contract Law should be properly restricted,and an attempt should be made to establish a cancellation system with the characteristics of a contract for the transfer of equity,so as to provide a clear basis for judicial practice.This article is divided into four parts:The first part points out the problems existing in the reasons for the judgment in the guiding case No.67,such as whether the Supreme Court did not adequately exclude the application of Article 167 of the Contract Law based on the particularity of equity,which confuses Article 167 of the Contract Law And the application of Article 94,etc.,and a brief analysis of the Court’s approach leads to the following.The second part analyzes the status quo and problems of the termination of the equity transfer contract in installments in legislation and justice.The termination of theinstallment equity transfer contract is currently in a state of legislative blank at home and abroad,and the judgement is mixed in judicial practice.The reason for the existence of the above problems through analysis is mainly that the basis for the execution of the installment equity transfer contract is not clear and the execution conditions are not Specifically,the consequences of exercising are not clear.The third part mainly expounds the basic principle of the installment equity transfer contract.The main content is the concept and characteristics of the installment equity transfer contract,the termination conditions and consequences of the installment equity transfer contract.In the fourth part,the corresponding legal perfection countermeasures are proposed to solve the problems of the termination of the equity transfer contract in my country.On the one hand,in determining the basis of exercise;first,after comparing the similarities and differences with the installment sales contract,it was found that Article167 of the Contract Law can be used as the basis for its exercise;second,comparing the similarities and differences of the commercial contract and the civil contract to determine the installment equity transfer The contract cannot fully apply the civil rules and puts forward some suggestions on the construction of the cancellation system of the installment equity transfer contract.On the other hand,it is recommended to increase the conditions for the termination of the contract and improve the legal relief channels after the termination of the contract on the basis of the current relevant legislation.