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权证误行权问题自权证产生之日起,就成了证券市场诸多问题之一。在权证日益风行的今天,权证误行权问题更是突出,日益为专业人士所关注。然而,时至今日,关于权证误行权的诸多问题并没有一个统一的结论。本文主要通过对权证误行权的性质、内涵、本质属性等方面的探讨,以及权证误行权与商业风险的比较,认为权证误行权乃非常损失之行为,并提出从而确立了权证误行权的认定标准及相关的救济措施和法律后果。
The question of wrongful exercise of warrants has become one of the many problems in the securities market since the day when the warrants were issued. In today’s increasingly popular warrants, warrants misuse of power is even more prominent problem, increasingly concerned about professionals. However, up to now, there are no unanimous conclusions on the many issues concerning the right of wrongdoing of warrants. This article mainly discusses the nature, connotation, essential attributes and other aspects of the right of wrongful exercise of the warrants, as well as the comparison between the wrongfulness right and the commercial risk of the warrants, and considers that the wrongful exercise of the right of warrants is a very lossy act and proposes to establish the wrongfulness of the warrants The criteria for determining the right and related remedies and legal consequences.