规避法律型隐名股东股权法律问题分析word格式论文.docxVIP

AbstractDormant shareholders are fairly common in our country, depending on their different motivations, which can be divided into the evade law type dormant shareholder and the non-evade law type dormant shareholder. In academic circles, discussion of mostly is non-evade law type dormant shareholder, such as the qualification of shareholder and the resolution of equity dispute, however the evade law type dormant shareholders’ equity rarely concern. In actual judicial practice often face such dilemma: on the one hand, the problem of evade the law type of dormant shareholders’ equity often exist, on the other hand is the existing law that there is no clear legal provisions on it. Therefore, the research of the evade law type dormant shareholders’ equity is imminent.The thesis includes three parts. T he first part is the summary of the evade law type dormant shareholder, including the concept, characteristics, causes and main types so that make a comprehensive introduction on it. The second part is to analyze the validity of shareholding agreement of evade law type dormant shareholder. By comparing abroad about the effectiveness of contract against law can be found that only with the purpose of the prohibitive norm and objectives conflict will only be considered as null and void. At the same time, the author combines with Chinas existing laws and regulations then identifies the different situations of evasion of law of shareholding agreement. The third part is the legal process of the evade law type dormant shareholders’ equity. According to the result of their respective results, When the shareholding agreement of evade law type dormant shareholder to be invalid, according to the companys goodwill and malicious to make a different treatment of equity. And that is not completely invalid, then make propose for optimal method of transformation and qualification of shareholders, and the author makes different treatment on equity.At the same time，putting forward legal adv