Research On The Proper Path Of Gambling Agreement

In recent years,the dispute cases of betting agreement emerge one after another in our country,and the effectiveness and performance of betting agreement signed by investors and target companies become the focus of controversy.This paper takes the time of the Minutes of Civil and Commercial Meetings as the node,by sorting out the judgment path of the betting agreement in the change,and starting from the analysis of typical cases,analyzes the reasons for the change of the path and the problems existing in the process of the change from the perspective of academic theory.After combing,this paper thinks that the revised judgment thinking of the betting agreement has three effects.First,return the determination of the validity of the gambling agreement to the contract law;Second,return the gambling agreement to the rules of corporate governance.In the case of gambling agreement,through many ways such as equity redeemation and monetary compensation,the relevant mandatory provisions of the Company Law on the profit distribution of share repurchase and capital reduction of shareholders’ withdrawal of capital are met;Third,from focusing on the protection of the interests of the company and creditors to the balance of the protection of the interests of investors valueequity.And found that,although the minutes of the nine people can solve the problem of the effectiveness of the bet agreement,help creditors balance the investment interests of investors enterprises invested enterprises,companies to some extent,the difficulty of financing,but may be in violation of the principle of capital maintenance.Unfinished programs such as the action to specific performance,in the practice operation bet against actual performance is difficult to get agreement security problems.Finally,this article from the bet agreement system establishment and the two sides of the agreement on the content of,through the model the agreement bet against outside of applicable situation,thought our country bet agreement can be new understanding to the principle of capital maintenance.On the performance mechanism innovation Reasonable investment control and profit distribution formulated in compliance with company law and the civil code of the rules and principles,try to form a bet agreement optimum method into the perfect idea of the road.