The Reasonability of Bona Fide Acquisition of Equity in the View of Chinese Civil Code:An Analysis of the Nature,Change Mode and Legal Application of Equity
The bona fide acquisition is introduced into the judicial trial of equity cases by the Third Explanation of the Com-pany Law of the People's Republic of China,which has brought legal provisions to the bona fide acquisition of equity in our country.However,there are doubts about whether the bona fide acquisition can be applied to equity and how the bona fide ac-quisition system can be applied.The difficulties include the unknown nature of equity,the controversial mode of equity change,and the unclear application of law.In the Post-Civil Code era,it is still of great significance to clarify the reasonability of the sys-tem of bona fide acquisition of shares in limited liability companies.This paper,based on the definition of the nature of equity in the Civil Code of the People's Republic of China,compares the liquidity of equity with the liquidity of property right,considers the realistic choice and legal application of the equity change mode in the Civil Code system,and demonstrate the application of bona fide acquisition to the equity in limited liability companies,exploring the reasonability of bona fide acquisition of equity.
Civil Codeequitybona fide acquisitionthe nature of equitythe model of equity change
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