我国有限责任公司股权善意取得制度研究.pdfVIP

Abstract The Bona Fide Acquisition (BFA) is a very important Civil law legal system in Modern Continental. The BFA also achieved an indispensable position in terms of protecting the security of transactions .And the value of the system lies is the laws focus on the protection of the dynamic interests of the third party. With continue developing of the economy, the demand for the maintenance of the security of transactions in the market along with growth.Therefore,the discussion about whether the equity transfer of a limited liability company apply to BFA also increasing in the Academia. Supporters argue that equity applies to BFA is conducive to safeguarding the security of the transaction, however, the Opponent think the system would infringe on the interests of the shareholders. January 27, 2011, the Supreme Peoples Court promulgated on the application of the Peoples Republic of China Company Law Provisions on Several Issues (c) (hereinafter referred to as the Companies Act judicial interpretation ), which explicitly provides for equity in some case of bona fide acquisition in reference to the applicable property law. At this point, the Equity Bona Fide Acquisition finally Legislative finalized in certain extent. As the judicial were promulgated and implemented ,this attract more and more law researchers attention, making equity intentioned explore extending from theory to legislation and even respond to judicial practice and review. The introduction of such a requirement is not only the Equity Bona Fide Acquisition has been on the basis of the substantive law, but also makes related disputes in the judicial practice has been the basis for the solution. Although Equity Bona Fide Acquisition is to be a positive in the legislation, analyze the curr