A Study On The Action Of Dissent Of Dormant Shareholders

With the innovation and development of commercial activities,the act of holding shares on behalf of others has caused many valuable legal issues.In the process of the money creditor of the famous shareholder applying for the execution of the proxy share,the lawsuit of execution objection raised by the dormant shareholder is a kind of dispute,which involves entity and procedure,both parties of proxy share and the creditor of the famous shareholder at the same time.As for this kind of dispute,because the company law and its judicial interpretation have not clear and specific provisions so far,there is a great controversy in theory,and it is difficult to unify the judgment standards.For a long time,this issue has become the focus of attention in theory and practice,and the nine people’s minutes has also discussed this issue.This paper analyzes and proves whether the dormant shareholders have civil rights and interests in the subject matter of execution,the nature of the substantive law of such civil rights and interests,and whether such rights and interests can resist the monetary claims of the applicant for execution,that is,the three review steps of the action of dissent from the outside of the case.The core problem to be solved in the lawsuit is whether the civil rights and interests enjoyed by the dormant shareholders can resist the rights of the money creditors of the famous shareholders.In the process of analysis,the judgment of different judgments of the Supreme Court cases in practice is taken as the starting point,and the focus of dispute is summarized through comparison.The focus of dispute involves theoretical dispute and legal application dispute.Based on the combination of theory and practice,the preliminary analysis shows that in the process of enforcement of proxy shares,the right externalism tends to protect the dormant shareholders;Article 32 of the company law can be used to protect gold Money creditors.Finally,the paper puts forward some concrete and feasible protection suggestions to the dormant shareholders from the aspects of their own prevention consciousness and specific system.In order to explore the basic unified rules through the analysis and demonstration of this paper,can maintain the legitimate rights and interests of dormant shareholders and solve the problem of equity enforcement.