Analysis On The Problem Of The Action Of Execution Objection Filed By The Hidden Shareholders Under The Equity Entrustment

With the continuous development of today’s era,the economic level is also constantly rising,and the company,an important participant in the market economy,has an increasingly important position.But a lot of times,many investors will choose to "step back from the background" for a variety of reasons,and choose to have the equity held by prominent shareholders on their behalf,which leads to the situation that the name of the equity does not match the reality.In this case,the creditor of the prominent shareholder sues the court for the creditor’s right and debt relationship with the prominent shareholder,and then applies to the court for compulsory execution.The target matter is the equity under the name of the prominent shareholder.The anonymous shareholder will raise an objection and file a lawsuit if it is rejected.At this time,the question arises whether to uphold the rights of creditors or of silent shareholders,and both the theoretical and practical circles have not reached a consensus on this issue,the court decisions and reasons in different places are also different,there are many problems worth discussing.The first part,introduce the shandong Teng Jian xing tang engineering investment group co.,LTD.,shandong huaao new building materials co.,LTD.And the case of an outsider execution objection Song Mou li mou,Yin a an outsider execution objection of the case is presented in the case of these two cases,state the reason of court accordingly,and the paper summarizes disputes Angle,namely whether the court should be responding to the counterpoising truly filed for;Whether the court can decide on the basis of priority of rights;Whether commercial externalism includes non-trading third party.The second part analyzes the first controversial point.Firstly,it analyzes the nature of the action of execution objection,and concludes that the nature of the action of execution objection is a formative action through comparative analysis of different theories,and clarifies the scope of the judgment of the action of execution objection.Secondly,This paper analyzes the application of article 21 of the third judicial interpretation of the company law and article 312 of the judicial interpretation of the civil lawsuit law and draws a conclusion that article 21 of judicial interpretation of company law should be applied.And then combined with the case of the court’s views on the evaluation,draw a conclusion.The third part analyzes the second controversial point.First of all,we analyze the conditions of the acquisition of equity and make it clear that the hidden shareholders do not enjoy the equity.Secondly,analyzes the relationship between the unnamed shareholders and the named shareholders,and concludes that it is more appropriate to identify the relationship between the unnamed shareholders and the named shareholders as the unnamed contractual relationship through the comparative analysis of different theories.Then,the paper analyzes the opinions of the court in combination with the case and draws a conclusion.The fourth part analyzes the last controversial focus.Firstly,it analyzes the application of bona fide acquisition and concludes that bona fide acquisition is not applicable to this case.Secondly,it analyzes the application of commercial externalism,and draws the conclusion that commercial externalism is applicable in this case.Thirdly,by comparing different theories in the theoretical circle,it is concluded that commercial externalism should include the third party of non-transaction.Next,it analyzes the provisions of other laws and regulations and draws conclusions from the value orientation reflected by them.Finally,through the analysis of the meaning of commercial registration and the requirements of market economy,it is concluded that commercial externalism should include the third party of non-transaction.