Research On Legal Issues Of Equity Inheritance In Limited Liability Companies

In recent years,the litigation on the issue of inheritance of shareholder’s rights inheritance of limited liability companies has been increasing year by year.The existing Company Law has not played a role in the issue of inheritance of shareholder’s rights inheritance."Company Law"on the ownership of the provisions of the legislation is too extensive,and the lack of supporting judicial interpretation and related laws and regulations,leading to the judge did not have clear laws and regulations applicable.In reality,on the one hand,the traditional taboo of the Chinese people talked about death and was reluctant to involve inheritance in the statutes of limited liability companies.On the other hand,it should reflect the limited liability company personality of the constitution,but most of the use of Trade and Industry Bureau to provide the template,resulting in limited liability company’s charter provisions of the inheritance of shareholder’s rights succession of the few.When the succession occurs,the shareholders of the limited liability company often do not want the heir to obtain the shareholder qualification,which is the case of China’s shareholding succession year after year the main reason.This paper attempts to improve the long-term operation and development of the limited liability company by means of case analysis,legislative investigation and comparative research.The first part outlines the basic theory of inheritance of shareholder’s rights inheritance.The inheritance of shareholder’s rights is a new independent civil right,which is very different from traditional property rights,claims and membership rights.It is a comprehensive right that includes property and non-property rights.Succession of shareholder qualification can not cover the property rights of inheritance of shareholder’s rights,in order to prevent misunderstanding and controversy,in the legislation as the direct use of inheritance of shareholder’s rights succession.The second part will focus on the judicial practice from the perspective of limited liability company inheritance of shareholder’s rights analysis of the status current situation in legislation.This paper first selects the referee paper of the limited liability company in the past five years,and analyzes the general situation of the case.Secondly,it analyzes the difficult problems of the case of inheritance of shareholder’s rights inheritance in the judicial trial,and puts forward his own views on the difficult problems of the inheritance of shareholder’s rights inheritance case.The third part discusses the legislation of inheritance of shareholder’s rights and inheritance in our country and abroad.First of all,it summarizes the inheritance system of civil law and Anglo-American law system,and analyzes the difference between the two legal systems in the inheritance system.Secondly,it introduces and analyzes the current situation of the inheritance of shareholder’s rights inheritance system of the limited liability company in China,the role of the limited liability company’s charter in the succession of the shares and the shortcomings of the Company Law on the issue of inheritance of shareholder’s rights inheritance.The fourth part puts forward some suggestions on the common problems of inheritance of shareholder’s rights inheritance.