Research On Termination Of Installment Equity Transfer Contract

Installment payment is used by many buyers because of its low down payment price and the characteristics of paying the target first and then paying.Due to the relatively large amount of shares transferred,more and more people have agreed to pay in installments in the transfer of shares,so as to achieve the goal that the original shareholders transfer all or part of the shares,withdraw or withdraw from the company's operation and management under the premise of balancing the interests of both parties.New shareholders replace or partially replace the original shareholders to enter the company's operation and management and enjoy the right of self-interest and common interest in their own identity.As the transfer of equity by installment becomes more and more frequent in objective life,the disputes that follow are also more and more.However,the effective resolution of this dispute has not been reflected in the civil and commercial laws previously enacted in our country,and the upcoming civil code still has no accurate response to this issue,so it has become a hot topic in theoretical and practical discussionsIn 2016,the supreme people's court issued guidance case no 67-"Tang changlong v.Zhou Shihai equity transfer contract dispute case" which is the best response to whether equity transfer in practice can use the provisions of the contract law on the dissolution of installment sales contracts.The author summarizes the three focuses of disputes in the judgment of the case,including the definition of the nature of the installment equity transfer contract,the application of Article 167 of the Contract Law,and the determination of delay in performance and reasonable reminder in the installment equity transfer.As for the nature of the installment equity transfer contract,since there is no provision in the current legal provisions of our country,the academic circles have also formed different views.The main difference lies in whether it should be defined as paying more than three times.There are also four academic views on the application of Article 167 of the Contract Law to Article 94 of the Contract Law.For the issue of reasonable demand for delay in performance,the main viewpoints are shown in the works of Professor Han Shiyuan and Professor Cui Jianyuan.The above issues are also frequently disputed issues between the original defendants in the equity transfer disputes in practice.This article will analyze the above-mentioned focus issues one by one from the introduction of the case and the focus issues of the case,combining with other theories and judicial documents for demonstration.