Validity of Share Transfer in Limited Companies——Through Infringement of Shareholders'Preemption
Owing to the partnership of limited companies,Article 84 of Company Law establishes the shareholders'preemptive,but the Company Law has no rules to express the validity of the contract in this situation,leading to the argument between judge and theory.Through this time of establishment of Company Law,the contract's validity between shareholders should be confirmed in judicial interpretation.In behavior of share transfer,the act of debt and the juristic act of real right to deal with share transfer disputes is very important.In confirmation of shareholde-rs'preemptive,the view of right of the company organization should be adopted and this view can protect the supe-riority order.In the validity of contract and which rule should be adopted,the infringement of shareholders'pre-empti on is not the only one rule to confirm the validity.The Civil Law should be adopted to confirm the validity of contract.
the transferability of shareprinciple of distinctionspecial rightcheatcollusive act
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