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我国现有法律并未对已注销法人遗留股权的归属或称股东资格的继承作出明确规定,为这类案件法律关系的安定性埋下了隐患,本文所涉案例便是一个典型。但公证权却在该案陷入困境时发挥了重要作用,促成了问题的最终解决。公证权所展现的灵活性和“通过证据确认权利”的效用十分值得思考——当司法权、行政权皆因缺少法律依据而无法作为时,权利人向公证权寻求解决之道,实现权利的实质确认,促成有权机关职能的启动,可以成为一条合法有效的途径。
The existing law in our country has not stipulated clearly the attribution of the deceased legal person or the inheritance of the shareholder’s qualification, which has hidden dangers for the stability of the legal relationship in such cases. The case involved in this article is a typical case. However, the notarization right played an important role in the dilemma of the case and contributed to the final resolution of the issue. The flexibility demonstrated by the notarial right and the utility of “confirming the right by the evidence” are worth considering - when the judicial power and the executive power can not act because of the lack of legal basis, the obligee can seek the solution to the notary right and realize The substantive confirmation of the right and the promotion of the function of the organ of authority can become a legal and valid way.