股东优先购买权法律问题研究-法律专业论文.docxVIP

meantime, the author analyzes the term conditions as well as the start time of the shareholders’ right of first refusal to exercise, and then we think that the term should be in a month starting from the date of receiving the notice from the shareholders’ right of first refusal. At last, the author introduces and analyzes the exercise of shareholders’ right of first refusal under the special circumstance as well as the circumstance of the compulsory auction, then analyzes the conflict between “Company Law” and “Auction Law” in this system and puts forward some suggestions and methods to solve this conflict. At the same time the article also introduces the circumstance of the company’s articles of association to regulate the shareholders’ right of first refusal, and analyzes mainly from the company’s articles of association to exclude, limit and optimize shareholders’ right of first refusal. Part Three, the relief of shareholders’ right of first refusal. In view of infringing the argument of the effectiveness of the equity transfer contract of the shareholders’ right of first refusal existing in academic world, the author conducts an analysis and draws a conclusion that the contract should be valid. Finally, aiming at the parties suing for validity of the contract in judicial practice, the court only decides the contract effectiveness but not to solve the problem of the equity transfer contract between the transfer of shareholders and other shareholders and then put forward the solutions . Part Four, the legal liability of claiming the right of first refusal and then giving up this right. It is believed that after other shareholders claim the right of first refusal and before the registration of the change of the law, the equity transfer contract should be valid. And thus it can be concluded that other shareholders should bear the corresponding liability for breach of contract after giving up this right. Key words: the system of shareholders’ right of first refusal;