Real Estate Company Equity Transfer Legal System Research

Our Country real estate industry already becomes one of present market economy pillar industries. The real estate company stockholder's rights transfer is the behavior which transfers the property development rights and interests, in the present service operation, the real estate company stockholder's rights transfers more is more considered as one kind of form about the real estate company property and the project purchase. Entire link about the stockholder's rights transfer refers to two aspects contents which are the company legal affair and the real estate legal affair, must consider multitudinous factors, possibly undertakes huge risk, but at present it may be suitable the legal basis only is "Company Law" about the stockholder's rights transfer stipulation. Therefore, the litigant basically only can depend upon own autonomy behavior to control the transfer behavior and guard the risk in the service operation. Because the stockholder's rights transfer operation is very high request to litigant's quality, from the overall that, the reality operation is not extremely standard, burring very many hidden dangers, and afterwards also having many disputes. The author believed that, it is necessary for the real estate company stockholder's rights transfer to carry on the special moderate rules and regulations by law, on the basis of the litigant autonomy in the stockholder's rights transfer the state introduces intervention mechanism, carrying on corresponding supervising and managing by the department responsible for the work, and designing science operation standard related to real estate company stockholder's rights transfer, strengthening the autonomy ability of the market main body, finally achieving to standard real estate company stockholder's rights transfer behavior, and maintains the market good order of the real estate company property right.This article divides into three parts:The first part is analyzing legal principle theory of law to the real estate company stockholder's rights transferThe second part analyses that the real estate company stockholder's rights transfer existence legal matter and its causing reason.The third part is legal system design related to the real estate company stockholder's rights transfer.