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一、对股权强制执行的不同观点和做法 在我国,关于股权执行问题基本上是立法中的一块空白,故在司法实践中,存在不同的观点和做法,具体说来有以下几种: (一)认为股权不能作为强制执行的标的。这是国内当前比较流行的观点。持者认为,有限责任公司带有典型的人合性质,如果将股权强制转让给第三人,则无异于强加给其他股东一个新的合作伙伴,其他股东便不得不考虑新股东的信誉及与之合作等一系列问题;另外,法律规定股权转让应基于股东会的决议,应得到其他一定数量比例的股东同意。如允许转让,显然有悖于自愿原则,不符合法律规定,另外,也不利于公司的发展。依此观点,股权不得予以强制执行,债权人自然也无从因股权而获得救济。
I. Different Opinions and Practices on the Enforcement of Equity In our country, the issue of stock right execution is basically a blank in the legislation. Therefore, there are different opinions and practices in judicial practice. Specifically, there are the following: ) Think equity can not be the subject of enforcement. This is the current domestic popular point of view. In the view of the proprietor, the limited liability company has the typical nature of co-operation. If the equity is forcibly transferred to a third party, it is tantamount to imposing a new partner on the other shareholders. Other shareholders will have to consider the new shareholders’ credibility and Cooperation and a series of other issues; In addition, the law requires the transfer of shares should be based on the resolution of the shareholders, shareholders should get a certain percentage of the number of consent. Such as allowing the transfer is clearly contrary to the principle of voluntariness, does not comply with the law, in addition, it is not conducive to the company’s development. From this point of view, the shareholding should not be enforced, and creditors will naturally not be able to obtain relief from their shareholdings.