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The Legal System Analysis on Inheritance to the Sharehold’s Qualifications of the Limited Liability Company

Author: LiangChao
Tutor: HanChangYin
School: Shanghai Jiaotong University
Course: Legal
Keywords: Co., Ltd. Shareholder qualification Inherit Company Law Law of Succession
CLC: D923.5
Type: Master's thesis
Year: 2011
Downloads: 118
Quote: 0
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Abstract


With China's economic development, a limited liability company shareholders eligible to inherit more and more prominent, especially for private family business, its early days, often not inherited in the Articles of shareholders eligible to make specific provisions, the event of natural and man-made disasters, often generate shareholder qualification ability to inherit, how the succession debate and dispute. In view of this, in 2005, the newly revised \This ordinance is too rough and simple, lead to the actual use of a larger controversy. In this paper, the analysis and discussion of shareholders eligible to inherit from two angles of the \laws and regulations, looking for shareholders eligible to inherit the spirit of the legislation, while the shareholders' capital contribution, equity, shareholders eligible shareholders eligible right to inherit a few confusing legal terminology explanations, and pointed out that the relationship between them. The second part, explore foreign countries (regions) the legal provisions on shareholders eligible to inherit. This section is mainly from the provisions of the laws and regulations of foreign countries (regions) of shareholders eligible to inherit elaborate analysis, civil law and common law systems adopted by many countries in the world, therefore the laws and regulations of foreign countries (regions) of shareholders eligible to inherit The narrative mainly this Two Schools. Analysis by the laws of foreign countries (regions), the recommendations can learn to perfect our shareholders eligible to inherit system. The third part, subject and object angle from the shareholders eligible to inherit elaborate. First, from the point of view of shareholders eligible to inherit the main analysis, carried out a careful analysis of the heir and the decedent. More cumbersome because of the complexity of real life, the analysis of the main, inherited the shareholders eligible may be involved in all the main body, and the body inherited shareholder qualification may give a limited liability company consequences are analyzed. Secondly, from the object of shareholders eligible to inherit angle analysis, the academic ability of shareholders eligible to inherit, inheritance, etc. there is a lot of controversy, the section of these matters in dispute have done some combing, and pointed out the defects that may exist or inadequate. The fourth part of our shareholders eligible to inherit the system perfect to make some suggestions, and some of the principles that should, in order to promote the sustainable development of our company healthy and stable.

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CLC: > Political, legal > Legal > Chinese law > China and France > Law of Succession
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