Study Of The Legal Issues Related To Share Transfer Of Corporation Ltd

Ever since the enactment of Company Law,new phenomena and tough legal issues have gradually emerged in the wake of further reform and market practice. Among all these,the transfer of stock share has turned out to be one of the most disputed ones and has been shed much focus from the academic circle to judiciary department.But on the other hand,the research that substantially probes into the coring issues is rarely witnessed.A further exploration of such problems means extraordinarily at the moment the Company Law is to be revised.With reference to the continental legal system such as the related rules of Japan, France and Taiwan,and with the approach of both theoretical analysis and interpretation of rules,this essay explores by analyzing the typical cases that arose in practice the three main issues in the respect of stock transfer of corporation Itd:一.Analyze the corresponding conceptions.二.The interpretation & application of the 72^th article of Company Law.It is a point to discussion on the restrictive provisions about the share transference to a people not a shareholder.(一)The comprehension of more than half agreement.(二)The preemption rights of a shareholder.(三)A absolute or a opposite restrict on transference to a people but a shareholder.(四)The law procedure of the share transference.三.The legal effect of the share-transfer contract.(一)Agree to an offer of the sharetransfer contract and the legal effect.(二)The distinction of the sharetransfer contract and the sharetransfer.(三)The transference not Register.(四)The force ad effect of a company chapter on the transference.(五)The effect of transference compact not received agreement form other shareholders.四.The problem that stem from share transfer at enforcement procedure.(一)About the preemption right of compulsory ececution.(二)About a debts of a shareholder.(三)Compulsory execution share of the sanzi corporations.