| Equity is a common asset in modern society,and it is a comprehensive right of property and personal property.Equity transfer is the behavior of shareholders to transfer their holdings of shares in accordance with the law and it is one of the important ways for shareholders to withdraw from the company.In recent years,with the development of the market economy,the equity transfer is becoming more and more active,and the equity transfer dispute has emerged,which has become a hot and difficult issue in the judicial practice.China’s Company Law Article 16 th Section 2nd stipulate the behavior pattern of company providing guarantee for shareholders,but there is no legal consequence on the behavior of the non positive performance and this provision is not enough to deal with the complex and changeable reality.In judicial practice,there are differences in the understanding of the terms of the judge,which is not conducive to the maintenance of the unity and authority of the law.Through the analysis of the specific case that applied to this provision,we can explore the legislative intent behind the provision.And that will help us to clarify the misunderstanding and enhance the depth of thinking.Practice is the source of knowledge.Through the share transfer dispute among Yumen Qinfeng Iron Industry Co.Ltd.and Li Haiping,Wang Kegang and Dong Jian,we can start with the focus of this case,relying on the relevant theories of civil law,civil procedure law and contract law to investigate the conditions for the establishment of a counterclaim,the validity of the equity transfer contract and the effectiveness of the company providing guarantee for the transfer of equity between shareholders.And we can also think about the value judgment and interest measurement along with cases.The times are developing,the society is progress in and the law is constantly updating,we should draw lessons from foreign experience in legislation.We should give appropriate restrictions on the guarantee provided by the company to shareholders and clear the exercise conditions of it to make the relevant system more in line with the actual needs.In this way,it will give full play to the guidance and restraint of the system,promote the standardization of the company providing guarantee for shareholders,protect the lawful rights and interests of the company,the creditors and relevant stakeholders and promote the sustained,healthy and stable development of the company. |
