A Study On Enforcement Objections Of Proxy Shareholding From The Perspective Of Externalism

Today’s society,the generation of mounting stake phenomenon,our country the corporation law judicial interpretation(3)of article 24 is about equity generation behavior to make clear a regulation,but confessed his legal status,which explain only for generation of ownership rules did not do other related problems,lead to practice across the judge in the treatment of the generation of ownership of discretion of execution objection cases have larger space,Often appear the same case different judgment,the phenomenon of case different judgment.Some courts even apply or exclude the application of the doctrine of appearance without substantial examination when hearing the lawsuit of objection to execution of proxy equity holding,which greatly damages the authority of justice.Under the entrustment relationship,when the creditor of the nominal shareholder applies for compulsory execution of the equity registered under the name of the nominal shareholder to realize his own creditor’s rights,the actual investor sues the court for objection to the execution of the entrusted equity,claiming that he is the actual shareholder of the equity,but the execution is carried out.In the process of the conflict and game between the trust interests of the nominal shareholders and creditors,there are two viewpoints: the substantial standard centered on the substantial justice and the appearance standard based on the principle of the appearance doctrine.Appearance as in appearance and is inconsistent with the real state,the right to look to the interests of the legal effect measure rule,in the generation of execution objection lawsuit ownership can better play its balance the interests of all parties and the function of the right remedy,and the determination of qualification of shareholders,the third person in good faith,trust protection,maintenance of transaction security and transaction efficiency also have to take the role of the live weight.Due to the appearance of socialism give up substantial justice to protect the trusty interest of a third person,in practice need to carefully consider whether the third person than equity trading general applicability obligee,subjective fault,causal relationship between trust and external legal relationship and the actual investor can deterrent to perform these problems easy generation of differences.Practice,the generation of ownership transaction disputes involved more and more complex,combined with the law of appearance principles of vagueness and uncertainty,easy cause abuse appearance and chaos of legal application,therefore,in the process of generation of execution objection litigation of ownership,it is necessary to define the boundary of appearance,applicable,clarify the appearance in the generation of execution objection litigation of ownership of socialism the path of the referee,In order to ensure that the application of appearance doctrine can give full play to its role of maintaining judicial credibility,protecting the third party trust interests and transaction security.