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The System Research About Shareholders Of Limited Liability Company Objection Share Buyback

Posted on:2012-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:S D GuoFull Text:PDF
GTID:2216330368489784Subject:Law
Abstract/Summary:PDF Full Text Request
The appraisal right of dissenters system is a product under the principle of fairness and justice of company law. After the system produces, with the rationality of itself and the function of balancing the benefits between large and small shareholders in company, it becomes popular in more and more countries and gradually becomes mature and perfect in constant developing tends. In order to comply with the world's trends, and be better to improve corporate governance, as well as to protect the benefits of minority shareholders, The system is introduced into company law in 2005 in China. However, we can clearly see that legislation on the abovesaid system is usually of excessive principle and abstraction, this paper aims to make some specific researches under the legal framework of the appraisal right of dissenters system and compares the system with other countries and regions so as to perfect the relating legislations and produce the best possible results.Starting from the logical system of right, the paper expounds the concept, nature, jurisprudence foundation, the right exercise subject, compulsory subject and the exercise procedures of rights of the appraisal right of dissenters, then select the United States, Britain, South Korea and Japan whose appraisal right of dissenters system are developed to do some compare study. Finally the paper returns to our country's legislation, analyzing the current status and legislative social effect and put forward some legislative ideas and designed some feasible schemes.This paper adopted laws interpretation methods, comparative research method, historical research method and sociology method and so on, trying to analyze the appraisal right of dissenters system roundly from the perspective of logic.
Keywords/Search Tags:Limited Liability Company, The appraisal right of dissenters, Balance of interests, Judicial appraisal
PDF Full Text Request
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