Analysis of the judgment rules for litigation against execution of share-holding entrustment
In the case of share-holding entrustment,whether the actual investor can prevent the people's court from enforcing the equity based on the application of the nominal shareholder and creditor is a matter of great controversy in both theoretical circles and judicial practice.Whether the rights and interests enjoyed by a party outside the case in the subject matter of execution are sufficient to exclude compulsory execution should be ana-lyzed based on the nature of the rights and interests.In the model of share-holding entrustment,the nature of the rights enjoyed by the actual investor over the subject matter of execution should be creditor's rights.At the same time,the trust interests of nominal shareholders and creditors should be protected by law.Based on the considera-tion of the balance of interests and social effects,the actual investor cannot exclude compulsory execution in prin-ciple.However,if the actual investor obtains a judgment confirming the rights of the people's court before execu-tion,or the person applying for execution is aware of share-holding entrustment,the actual investor should be al-lowed to exclude the execution.
share-holding entrustmentactual investorlitigation against execution
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