Judicial Determination Of The Right To Rescind The Equity Transfer Contract

Equity transfer is an important part of modern economic activities,and disputes over equity transfer contracts also occur from time to time,but because equity transfer contracts involve both civil law and company law,the determination of the right of rescission is special.In order to unify the adjudication rules,the Supreme People’s Court issued Guiding Case No.67,but this guiding case can only play a guiding role in the installment payment of equity transfer,and the scope of application is too narrow,and it cannot play a guiding role in guiding judgments on the situation where the statutory right of rescission of the equity transfer contract cannot be achieved due to the failure to achieve the purpose of the contract.Therefore,on the basis of previous research,this paper attempts to analyze and study whether the "contractual purpose" of the equity transfer contract has been achieved and whether the statutory termination conditions have been achieved,hoping to contribute to the resolution of equity transfer disputes.This article is divided into three parts.In the first part,this article mainly sorts out the basic facts of the case and summarizes the two focus of the dispute in this case:whether Zhengsheng Company has the right of contractual rescission and the statutory right of rescission.In the second part,this article mainly focuses on the focus of the dispute,analyzes the legal relationship and the application of law on the basis of combing the facts of the case,and gives personal analysis,especially personal insights on the purpose of the equity transfer contract,and finally draws a conclusion on the handling of the case dispute.In the third part,the author explores other related issues related to the right to terminate the equity transfer contract,in order to provide useful ideas for handling similar cases.