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The Validity of Defective Capital Contribution Transfer Contract in Limited Companies

Author: LuBaiLing
Tutor: PengZhenMing
School: Central China Normal University
Course: Legal
Keywords: Share flaws Transfer Effectiveness Principle
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 139
Quote: 0
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Abstract


Equity is one of the basic elements of the company set up, it is founded on the basis of. Equity is funded by the investor, equity is complete depends directly on whether the investor is in full and on time invested. However, in judicial practice, funded widespread flaws in the judicial practice in the country, even can strict rules for funding, but the flaws of capital remains despite repeated prohibitions. The flaws of capital is a direct result of the generation of flaws equity. China's rapid economic development, a large number of investment behavior exist, a variety of the company's equity transfer is frequently caused by defects equity transfer disputes are too numerous to mention. Due to the lack of legislation for defective provisions of the equity transfer related companies in China, the judge in the trial when flaws equity disputes, not understanding of each judge for the flaws of the legal effect of the equity transfer contract, making between different provinces different verdict, the same type of case, which is not conducive to the maintenance of the shareholders and the interests of the company, but also harm the unity and authority of the law, is not conducive to the development of China's legal system. Thus, for the study and exploration of the identified flaws the legal effect of the equity transfer contract is necessary and feasible. Remove Introduction and Conclusion, Acknowledgements, and is divided into four parts. The first part of the definition of share flaws. This part of the first definition, the flaws options definition compared with the definition of equity share flaws to be defined on the basis of equity defined. Second of options have characteristics of defects, flaws equity flaws of capital caused by the incomplete equity thus characterized Unlike equity, there is its particularity. Finally, the basis of this analysis after a brief analysis of the causes of defects equity the flaws equity classification. Viewpoints on the second part, the flaws equity transfer contract legal effect. The first part of the doctrine of the four identified by the defects the legal effect of the equity transfer contract that effectively said the invalid, except to identify the four priorities of the doctrine and may revoke said, to be introduced, and in these four doctrines Comment shortcomings, its essence to its dregs. The third part, the principles identified flaws equity transfer contract legal effect. This section is based on the identified flaws equity transfer contract legal effect should follow the principle put forward on the basis of the above doctrine Comment. This paper presents four principles, namely the principle of party autonomy, adhere to the three principles of the company's capital, limited liability company has co-compliance as well as to safeguard the security and efficiency of business transactions principle. Part IV, identified several flaws equity transfer contract legal effect situation. The part of the defects identified several cases of the legal effect of the equity transfer contract described and analyzed the flaws in these types of circumstances, the legal effect of the equity transfer contract. Different legal effect under different scenarios flaws equity transfer contract.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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