Research On Legal Issues Of The Defective Equity Transfer Of Limited Liability Corporation

Whether in commercial transactions or judicial practice.the transfer of defective stock rights and the disputes caused by it are common.Although the Supreme People’s Court has made "clear" and "specific" provisions and treatment on this issue in the form of judicial interpretation and guidance opinions.such provisions and treatment are not the ultimate and appropriate way to solve this kind of problem.Despite the relevant legislation,there is still a mismatch of cognition and judgment.From the generation of defective stock rights to the transaction transfer,which caused a series of disputes and legal issues still need to explore a better solution.This paper starts from the definition and classification of defective equity.focuses on the current legislation.judicial deficiencies,the transfer of defective equity practice,in view of the current problems existing in the transfer of this kind of equity,put forward suggestions to improve.This paper is divided into three parts: The first part,the defect equity transfer involved in the basic theory is expounded.There are broad and narrow definitions about the scope of defective equity in academic circles,and the narrow definition is adopted in this paper.Defective equity has different types,all of which are transferable.The transfer mode of defective stock rights has its special features compared with the general stock rights transfer,and the different interest subjects involved will produce different legal effects after the transfer of defective stock rights.The second part elaborates the legislation and practice of defective share transfer in our country.To the limited liability company at present defective equity transfer of the existing problems carried out a concrete analysis.At present,there is no clear stipulation on the effect of defective equity transfer in Chinese legislation.In practice,the obligation of the trans free is so heavy,and the relevant legal provisions still lag behind.The third part,according to the second part puts forward the problem,respectively,puts forward the corresponding policy.specification standard of defective equity transfer effect,clear defects after the equity transfer of responsibility endows the relief way,so as to defective share transfer disputes in judicial practice to provide the feasible solution.