The Legal Analysis Of The Share Transfer System

The transfer of stock is one of the reason of shareholder change corporation law system and the research of the stock transfer is one of the most active part in the whole area of shareholder change problem. This paper isn't to discussing the whole problem of stock transfer but just making some research on the legal basis of stock transfer law system. The purpose of this paper is to choose those conflicts among different law theory and bring forward the writer's own opinion on the stock transfer problem.In the introduction,the writer use the term "the stock transfer" as in the scope of stock bargaining. Since the problem of stock transfer is a civil law problem at first,we should make a choice of civil law in the beginning of guarding the stock transfer by law. This paper's opinion is that although the shareholder right is associator right the stock transfer is in the color of substance right transfer. So use the principle of substance right transfer to explain and analyze the stock transfer's legal character and determine the force of the stock transfer is a effective method both in theory and practice. The second main content of the introduction is to expound the effective impact on the stock transfer.The writer think that the attitude of law on guarding the stock transfer and the basis of the stock transfer's force are two important question on solve many practice problem.The first chapter and the second chapter discuss the restriction on the stock transfer.In the first chapter,the writer put forward that the stock transfer should be based on free principle through the law analyze and economic analyze. In the second chapter,the writer makes a collective evaluate on different law system and provide some practice analyze on the problem of the stock transfer restriction.The third chapter and the fourth chapter discuss the problem of the stock transfer's force.The third chapter use civil law theory as a tool to analyze the basis of stock transfer force. Under the standard of adopting the division principle or not,we can divide all the different theories of stock transfer force in to two category. The writer thinks that,compare to the theory which not adopt the division principle,the theory which adopt the division principle provide a common basis of the system that all change of substance right should be public notify and in form with the direction the substance law. For the further discussion of the basis of stock transfer force,the writer research the character of stock and stock bargaining in the third chapter.In the fourth chapter,the writer analyzes the different kinds of restriction's force and thinks the delivery of stock is a condition of stock transfer comes into force. The registration in shareholder's book is not a way for public notify and doesn't determine the force of stock transfer. Those other restrictions make different influence on the stock transfer and how to deal with those restriction should depend on different situation.