Research On Judicial Relief Of Abstract Dividend Distribution Claim Right Of Limited Liability Company

The ultimate goal of a shareholder investment company is to get a return,and the return of money is one of its most direct returns.Therefore,whether this right can be realized is of great significance to shareholders.The dividend distribution request right allocates the specific dividend distribution request right and the abstract dividend distribution request right from the rights hierarchy.The specific dividend distribution claim right has creditor’s right,and the judicial protection is relatively easy.The abstract dividend distribution claim right belongs to the expectation right.Only when the company’s decision-making body forms a dividend distribution plan,it can be realized when the expectation right is converted into the creditor’s right.Shareholders use the principle of corporate autonomy and capital majority to infringe on the claims of other shareholders’ abstract dividend distribution,and the exclusion of judicial intervention sometimes occurs.The Company Law gives the company the right to decide on the distribution of dividends,which may cause it to abuse this right,and make a decision not to allocate or allocate less when the dividend is distributed,so that other shareholders want to obtain dividend distribution.China’s company law has provided relief for shareholders of limited liability companies such as equity repurchase,equity transfer and dissolution of the company’s lawsuits.However,these remedies are more or less limited and cannot effectively protect the shareholder’s right to dividend distribution.Therefore,the legislators have taken into account this right but have the need to protect them.In the "Judicial Interpretation of Company Law IV",the provision of abstract dividends in the form of legal articles can be remedy in the form of remedies,and it is clear that abuse of rights by shareholders In the case of shareholder dividend distribution claims,the judiciary can intervene.However,due to the principled provisions of the regulations,there are no specific standards that can be referenced in practice.Therefore,this article takes the Article 15 of the Judicial Interpretation 4 of the Company Law as the center,actively seeks the theoretical basis of the company law that supports the exercise of the abstract dividend distribution request right,and clarifies the application of this article in practice through case analysis,and finally how to deal with judicial practice.Use this provision to make recommendations for relief of abstract dividend distribution claims.