The shareholders’pre-emptive right system in limited liability companies stipulated by the Company Law of China and other relevant judicial interpretations has large room for improvement concerning the subject of rig...The shareholders’pre-emptive right system in limited liability companies stipulated by the Company Law of China and other relevant judicial interpretations has large room for improvement concerning the subject of rights,the conditions of the exercise of rights,the time limit for the exercise of rights,and the consequences of the exercise of rights.Future revisions to the Company Law may limit the subject of rights to dissenting shareholders,that is,shareholders who have exercised consent rights no longer have the pre-emptive rights,and at the same time the companies and the persons designated by the companies may be included in the scope of the subject;the exercise conditions may be simplified as much as possible;the starting point of the time limit for exercising the rights may be dealt with according to specific situations and the specific length of the time period may also be categorized;the effect of the exercise may enforce the effectiveness of real rights in order to protect the interests of the holders of pre-emptive rights.展开更多
The determination of the joint marital debt is an important aspect of the matrimonial property regime,which is related to the balance of interest between the creditor and a family.It has gone through different stages ...The determination of the joint marital debt is an important aspect of the matrimonial property regime,which is related to the balance of interest between the creditor and a family.It has gone through different stages of social development and has been refined day by day because of the development of the market economy and the increase of social demand.The Civil Code of the People’s Republic of China,incorporating relevant provisions of the Interpretation of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Marital Debt-related Disputes in 2018,specifically stipulates for the first time the criteria of determining the joint marital debt.However,we have reason to argue that there are still many problems in judicial practice in its implementation starting from 2021.This paper introduces the judicial dilemma of such determination in China,explores the determination of the joint marital debt in the context of the Civil Code in order to identify further development direction for the determination of the joint marital debt in China.展开更多
基金sponsored by the Hebei Provincial Science and Technology Program(S&T Program of Hebei,Project No.19456208D)。
文摘The shareholders’pre-emptive right system in limited liability companies stipulated by the Company Law of China and other relevant judicial interpretations has large room for improvement concerning the subject of rights,the conditions of the exercise of rights,the time limit for the exercise of rights,and the consequences of the exercise of rights.Future revisions to the Company Law may limit the subject of rights to dissenting shareholders,that is,shareholders who have exercised consent rights no longer have the pre-emptive rights,and at the same time the companies and the persons designated by the companies may be included in the scope of the subject;the exercise conditions may be simplified as much as possible;the starting point of the time limit for exercising the rights may be dealt with according to specific situations and the specific length of the time period may also be categorized;the effect of the exercise may enforce the effectiveness of real rights in order to protect the interests of the holders of pre-emptive rights.
文摘The determination of the joint marital debt is an important aspect of the matrimonial property regime,which is related to the balance of interest between the creditor and a family.It has gone through different stages of social development and has been refined day by day because of the development of the market economy and the increase of social demand.The Civil Code of the People’s Republic of China,incorporating relevant provisions of the Interpretation of the Supreme People’s Court on Issues concerning the Application of Law in the Trial of Marital Debt-related Disputes in 2018,specifically stipulates for the first time the criteria of determining the joint marital debt.However,we have reason to argue that there are still many problems in judicial practice in its implementation starting from 2021.This paper introduces the judicial dilemma of such determination in China,explores the determination of the joint marital debt in the context of the Civil Code in order to identify further development direction for the determination of the joint marital debt in China.
