“郭某诉华商公司股权回购请求权案”案例分析——兼论有限责任公司异议股东股权回购请求权的保护民商法学专业论文.docxVIP

PAGE PAGE 3 4 4 Abstract The appraisal right of dissenters was introduced into Chinas Company Law in 2005 whose main role is to protect the interests of minority shareholders. The appraisal right of dissenters is more significant for the minority shareholders of a limited liability company. Compared with the stock corporation, it?s more difficult for them to withdraw from the company. But in practice, the appraisal right of dissenters is insufficient and improper in protecting the interests of minority shareholders of a limited liability company. So in this case, the case of “Guo? appraisal right of dissenters for Hua shang company ” is used as an example. This article also combines the comparative analysis and empirical analysis, pointing out the current problems in this system, with the references of the legislation of other countries (regions), and providing some rationalized suggestions for the perfection of Chinas appraisal right of dissenters in limited liability company. In addition to the introduction and epilogue, this article consists of seven parts. Part I states the cause of case. Part II states the details of the case. Part III summarizes the focus of the case. The case has three focuses: Firstly, the problem of exertion procedures of the appraisal right of dissenters of a limited liability company; Secondly, the identified problem of a limited liability company ”transfer the main property”; Thirdly, the calculation problem to determine the price of share repurchase in a limited liability company . Part IV states the problem of the exertion procedures of the appraisal right of dissenters . Firstly, this part analyses the focus of dispute of the three parties in this case. Secondly, this part explains the problem of exertion procedures of the appraisal right of dissenters in China. Thirdly, this part lists other countries? (regions?) practice in the exertion procedures of the appraisal right of dissenters. At last, this part makes ought to be analysi