有限责任公司隐名股权继承法律问题研究.pdfVIP

Abstract Company law article 76 clearly stipulates: “After the death of a natural person shareholder, the inheritor may inherit the shareholders qualifications, unless it is otherwise prescribed by the articles of association”. This provision provides a legal basis for inherited equity after the death of natural person shareholders. But it is complex in practical operation and needs an urgent theoretical respond due to its high principle.Through access to the relevant information about the dormant shareholder equity succession issues of the current academic, studying equity inherit is seldom discussed from the perspective of the law of succession so as combining the dormant shareholder with equity inheritance.This thesis divides dormant shareholders into the following types: complete dormant shareholders, incomplete dormant shareholders and semi-dormant shareholders; express agreement dormant shareholders and non-express agreement dormant shareholders, etc. On the basic of the detailed theoretical explanation in the succession of dormant shareholders equity, the thesis analyzes the profit conflict between undisclosed investor with the other shareholders of the company, the profit conflict among the creditors, the conflict between the dormant shareholders and the creditors of the company. Meanwhile, this thesis puts forward a clear theoretical answer and legislative proposals to improving dormant equity inheritance system in limited liability companies, including the protection issues of creditors in dormant equity inheritance and special protection of flaws undisclosed equity heir. Key Words：Com