A Study On The Case Of Objection To The Execution Of The Actual Investor

The registered nominal holder caused by the equity agent does not match with the actual right holder.The creditor of the nominal shareholder w ho is not based on the equity transaction applies to the court for the execution of the equity under the name of the nominal shareholder,and the actual investor requests the enforcement objection to exclude the enforcement.In practice,there is a great d ispute over whether the enforcement can be excluded.The c ourt’s judgment presents two views,one is to support the actual investor,exclude enforcement;the other is to support the general creditor of the nominal shareholder,continue to execute the equity involved,mostly in practice.Accordingly,there are two groups of theoretical propositions,and the current law is missing in this respect,and no provisions to deal with this dispute.This situation seriously affects the stability and unity of the judicia l trial,but also is not conducive to the realization of the balance of interests between the actual investors,nominal shareholders and their creditors.Therefore,in order to address the above problems,Uniform the referee rules,On the basis of the study of class cases,It is concluded that the dispute points of the court in such cases are the nature of the rights enjoyed by the actual investor,whether the rights enjoyed by the actual investor can exclude compulsory execution,and whether the judgment of right confirmation in another case can exclude compulsory execution,Combined with the legal and legal analysis of the above legal points,Finally proposed,The court should pay attention to the scope of application of cosmetic doctrine in handling this c ase,And on the basis of grasping the essence of the pros ecution of the outsider execution objection,In full consideration of the different case circumstances,Different anonymous contribution status,Classification judgment whether the actual investor ca n exclude compulsory enforcement.In the case of incomplet e hidden capital contribution,the actual investor enjoys the equity of the target involved in the execution,and the compulsory execution can be excluded.In the case of completely hidden investment,the actual investor enjoy the creditor’s rights,compare d with the nominal shareholders general creditors should priority protection,should be in strict accordance with the principle of business appearance,namely whether to meet the appearance facts,I and cause,reasonable trust,especially trust interests,creditors have trust interests(such as nominal shareholders as guarantor),can be according to the business appearance principle of priority protection,if it does not have trust interest,can not g et priority protection.When there is another case confirm ation judgment,the confirmation facts can be used as free facts,if no counter,in the execution of the objection can directly confirm equity ownership,and then distinguish the actual investors jud ge the equity rights can exclude enforcement,and not dir ectly on the basis of approval judgment exclude enforcement.