The Research On Implementation Of Equity Repurchase Type Of Gambling Agreements

With the increasing frequency of the use of equity repurchase type of gambling agreements in the field of investment,the institutional obstacles and practical conflicts of the implementation of equity repurchase type of gambling agreements are constantly emerging.Under the premise of not having statutory invalid grounds,equity repurchase type of gambling agreements are valid in principle.Nonetheless,the mechanical application of the capital maintenance principle and the flaws in the repurchase mechanism design within the system,as well as obstacles in the relief path in judicial practice,have resulted in a stagnation of the implementation of equity repurchase type of gambling agreements.By analyzing the legitimacy and effectiveness of equity repurchase clauses and flexibly applying the capital maintenance principle,the implementation dilemmas of equity repurchase type of gambling agreements can be eliminated.This research aims to identify the adjudication criteria and confirm the scope and conditions of compulsory repurchase,and to improve the China’s equity repurchase mechanism and judicial path,while considering China’s national conditions and comparatively researching foreign experience.Additionally,the research will innovate the implementation rules of contract clauses within equity repurchase type of gambling agreements to avoid investment risks and eliminate the implementation dilemmas of equity repurchase type of gambling agreements.