论文部分内容阅读
有限责任公司股权外部转让是现实中常见的一种商事行为,但因我国《公司法》未对股权外部转让的生效时间作明确规定,导致理论与实践上都存在许多争议。如今学术界上多数人赞同采取公司内部登记生效主义和公司外部登记对抗主义相结合的判断标准,但在法律未有明确定论的前提下,我们对此问题的探讨更应结合现代公司发展的实际情况来分析,结合法律对此留白的深层目的,以股权转让合同生效时作为股权外部转让的生效时间。
The external transfer of ownership of a limited liability company is a common commercial practice in reality. However, due to the fact that the “Company Law” of our country does not clearly stipulate the effective time of the external transfer of an equity interest, there are many controversies both in theory and in practice. Nowadays, most people in academia agree with the standard of combination of internal company registration verification and external registration confrontation. However, under the premise that the law is not clearly defined, we should combine the reality of the development of modern companies Analysis of the situation, combined with the law for the purpose of this blank, with the equity transfer contract effective as the effective date of the external transfer of equity.