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企业产权转让的主要内容,是以优势企业淘汰应该破产的企业,使生产要素的存量横向流动,促进产业结构的优化和企业结构的重组,实现资源的合理配置。1.关于企业产权转让与兼并概念上的差异。它们二者的内涵基本上是一致的,主要是企业的吸收或合并,一个企业获得另外一个或者一些企业全部资产的所有权。在转让或兼并过程中,被淘汰企业不再是一个独立的经济整体,失去了法人资格,改变了企业资产的隶属关系,优势企业取得了被淘汰企业资产的占有、使用、支配、收益四方面权利。企业兼并完全属于企业产权转让的范畴,企业产权转让的外延要比兼并更广一些。兼并是在企业之间进行的,双方都是企业;而产权转让却不一定双方都是企业,购买落后企业的可以是部门或个人,这在现实中已经存在。
The main content of the transfer of property rights in enterprises is the elimination of enterprises that should be bankrupted by advantageous enterprises, making the stocks of production factors flow horizontally, promoting the optimization of industrial structure and reorganization of the corporate structure, and realizing the rational allocation of resources. 1. Differences in the concept of transfer and merger of property rights in enterprises. The connotation of both of them is basically the same, mainly the absorption or merger of the enterprise, and one enterprise acquires the ownership of the other asset of another or some enterprises. In the process of transfer or merger, the eliminated enterprise is no longer an independent economic entity. It loses its qualification as a legal person and changes the affiliation relationship of its assets. The dominant enterprise has acquired possession, use, control, and return of the assets of the eliminated enterprise. right. Corporate mergers and acquisitions are completely within the scope of corporate property rights transfer, and the extension of property rights transfer of enterprises is more extensive than mergers and acquisitions. Mergers and acquisitions are conducted between enterprises, and both parties are enterprises; property rights transfer may not necessarily be both parties, and the purchase of backward companies may be departments or individuals. This has already existed in reality.