The Basic Principles and Effectiveness Recognition of Equity Repurchase type Betting Agreements
The common form of gambling agreement,which is based on equity repurchase,is an investment tool that has commercial customary factors and conforms to the internal logic of enterprise operation.It belongs to the narrow definition of atypical contracts,and the theoretical basis behind it lies in the principle of good faith and trustworthiness.China's normative documents on equity re-purchase type betting agreements usually recognize their legal effectiveness,including but not limited to the impact of minutes on ju-dicial trials.The past judicial practice has gone through two stages of development in determining the validity of agreements:the first stage is to determine the legality of the agreement,and the judgment approach of the"Huagong case"reflects respect for the inde-pendent will of both parties in the transaction.The second stage is the issue of the enforceability of the agreement,which needs to be judged based on the standards of capital maintenance and solvency;On the other hand,in terms of specific performance procedures,both parties to the agreement should also make careful arrangements in advance.
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