Research On The Effects Of Equity Transfer Gurantee

In today’s world,the phenomenon of companies is unprecedentingly prosperous.With the universalization and flooding of companies,holding company shares in the form of capital investment has also become common and widespread.When people have financial needs,it is natural to apply the way of providing guarantee by equity.Equity transfer guarantee is in line with the financial demand in the form of modern equity wealth and is widely used in practice.However,the law does not make relevant provisions on the form of guarantee,resulting in the frequent occurrence of disputes and disputes around this issue in practice,and the relevant judgments made by the court often conflict.Different judgments in the same case seriously affect the authority of the judiciary,and the construction of equity transfer and guarantee system urgently needs to be standardized.Therefore,this paper,based on judicial decisions,classifies and studies the cases involving the effectiveness of equity transfer and guarantee in order to help solve the disputes over equity transfer and guarantee.Specifically,this paper is mainly divided into the following parts.The first part is the raising of the problem.With the prosperity and development of market economy,the new transaction mode of equity transfer and guarantee has been widely used.Then how to respond to the challenge brought by the equity transfer and guarantee system under the premise of no specific provisions in the law?In order to answer this question,this part firstly generalizes the judicial guarantee to equity changes,and then through the sorting and research of judicial cases,to judge the nature of equity guarantee effectiveness of major controversy,from the validity of the agreement itself,as well as internal and external effect three aspects has carried on the induction and classification,and put forward the research idea of this article: Since "Nine People’s Notes" has not solved all the problems in the judicial practice of confirming the effectiveness of equity transfer guarantee,this paper starts from the judicial judgment,to make a specific analysis and research on the effectiveness of equity transfer guarantee.The second part is the elaboration and research of the basic theory of equity transfer and guarantee.First of all,only by clarifying the concept and identification the standard of equity transfer and guarantee can we judge the legal relationship between the parties more accurately in the following research.Secondly,this paper discusses the nature of equity transfer and guarantee,follows the analysis of the theory of ownership constitution and the theory of security right constitution under the guarantee of transfer of stock right,and combines the complexity of the legal structure of guarantee of transfer of stock right,and puts forward its own viewpoint,that is,it is more reasonable to apply the theory of security right constitution to the nature of guarantee of transfer of stock right.The third part is the core of this paper.This part is based on the judicial judgment,from the three aspects of the agreement itself,internal effectiveness and external effectiveness,to carry out a detailed analysis of the effectiveness of the guarantee of equity transfer.First,how effective is the equity transfer and guarantee agreement itself? In practice,due to the different understanding of the principle of real right and the false intention,there are differences in the identification of the validity of the assignment guarantee agreement.Second,since the assignment and guarantee transaction involves the interests of the parties,the company and the third party,in order to more clearly present the legal relationship between the parties of interest,this part is further divided into two aspects of internal effectiveness and external effectiveness for analysis.In terms of internal effectiveness,it mainly focuses on the legal status and rights and obligations of the security right,the priority of other shareholders and the realization of the security right.In terms of external effectiveness,it mainly revolves around the priority right of the security right,the dispute between the security right and other creditors of the security,and the identification of the transfer of security equity by the security right to the third party.Finally,this paper puts forward two ideas to improve the existing problems of the equity transfer and guarantee system.In view of the disputes arising from the different recognition of the legal status of the security right,this paper holds that the position of the security right can be explained through the trust principle.At the same time,the judicial judgment of equity transfer and guarantee is not unified If the law has not made relevant provisions,the Supreme People’s Court can issue judicial interpretations and guiding cases to provide a relatively uniform adjudication standard for such cases.