Study On The Legal Issues Of Conflict Of Rights Between Actual Contributors And General Creditors Of Nominal Shareholders

In the field of enforcement,the realization of the rights of creditors is likely to be hindered by the debt-bearer’s ability to perform.At this time,the mandatory enforcement system provides creditors with an institutional channel to protect their rights.In the execution,all the assets available for execution under the debtor’s name are fully displayed.Among them,there is no lack of the debtor’s property as the nominal holder,and equity is a typical one.The characteristic of this type of property is that the nominal holder must correspond to a real holder,which creates an institutional channel that protects the rights of creditors and may become the real holder of the property’s reef and dangerous shoal.The acquisition of the original rights at both ends of the conflict is just as well-founded.Taking equity as an example,the actual investors and creditors stand at the two ends of the original rights.The legal rights and interests of which party should be protected first are very different.Adjudications supporting real property holders against creditors usually indicate that the so-called real holders are the real right holders of the equity.The reason is that the rights of the real holders have been obtained before the effective legal document on which they are applied for enforcement is issued.Not only that,according to our country’s corporate equity management system,the hidden relationship of equity is restricted by the corporate system that restores the appearance of real property.Therefore,the true holders of equity need to break through the corporate system barriers of right and name and obtain half of the shareholders of other companies other than their own.On the license.Judgments that do not support the real holders of the property against the creditors usually use the principles of contract relativity and appearanceism to demonstrate.Specifically,implicit capital contributions should be distinguished between internal and external relations.Where internal rights disputes are involved,they should be handled in accordance with the agreement in the entrustment contract for shareholding,but where external third party rights are involved,the relativity of the contract should be observed and internal and external.The boundary of other rules is to prevent external violation of internal dispute settlement rules.As far as regulations and system construction are concerned,the current law enforcement field has conflicting guidelines and rules that are inconsistent,resulting in many "different judgments for similar cases".To clarify the rules for handling the conflicts of rights between actual investors and nominal shareholders in general creditors during the execution procedures.Two issues should be clarified,namely: what rights the actual investors enjoy and whether the principle of appearanceism should be applied in the execution procedures to make a decision on the priority of protection.The hidden capital contribution can be divided into several categories according to different standards.Taking the two types of hidden capital contribution common in practice as the guide,the actual investor’s involvement in the affairs of the company to which the equity belongs is often different,and the corresponding rights status are also different.The classification of complete and incomplete anonymous contributions made here is of great significance.The key to resolving this kind of conflict of rights lies in: on the one hand,deconstructing the equity holding by the principal-agent relationship,deconstructing the equity by the dichotomy of the nature of rights,and analyzing the ownership status under the corresponding conditions according to the two classification guidelines,and deriving the complete and incomplete In principle,the dormant equity,including the qualifications of shareholders,belongs to the true performer of the capital contribution obligation.Only when more than half of the other shareholders reject the actual investor’s naming application,the shareholder qualifications belong to the nominal shareholder,which helps to regulate the unclear ownership of rights in the dormant capital contribution field.Chaos.On the other hand,whether the long-term principle of appearance doctrine in the field of regulating transactions can find the ground to root in the field of execution,the constituent elements of appearance doctrine must be demonstrated in the execution procedure one by one.Due to the lack of application of the purpose,subjective,objective,and causal conditions in the execution procedure,the balance of rights protection should not be tilted towards creditors.