论股权转让协议的效力___席江波和吕震等人财产权属纠纷案.pdfVIP

本文的第五部分主要对案例进行总结然后就完善股权转让协议的效力认定提出相 应建议，即完善股东资格的认定和区分对内和对外的情形，以及注重维护各方的利益。 关键词：股权转让协议；股东资格；隐名投资；善意第三人 2 Abstract With the development of the market economy, transfer of shares system in the limited liability company is more and more important, it is necessary that how to maintain contract effectiveness to protect the shareholder ’s right and the bona fide third party,especially there are existing the name of investor and the actual investor.Although the “Company law of the People’republic of China”(III) gived some solution,there are still exist many problems to be solved so that different area has different trial.This paper consists of five parts to discuss the validity of the limited liability company share transfer contract. The first part is mainly summarzing the fact of the case and the result of the trial to catch the dispute so that writer could ready to discuss. The second part analyzes the requirement of validity,and distinguishs the eatablishment of the contract and the execution of the contract, found the share transfer contract ’s relationship with registration of shares and the right of preemption.Writer think that the validity of share transfer contract is isolated from them,and make a theoretical basis to confirm the validity of share transfer contract. The third part discuss that there are the name of investor and the actual investor in the limited liability company,understanding the legal statue of theirs and affirming the shareholder ’s qualifications,using the “Company law of the People’republic of China”(III) to affirm the shareholder ’s qulifications,and writer give some ideas.writer think that it is better to affirm the shareholder ’s qualification so that we can