对有限责任公司股权转让新方式的探索

Consideration on New Methods of Stock Transfer of Limited Liability Company

在目前的法律框架下,有限责任公司的股权转让方式仅限于自益权和共益权同时让渡。随着市场经济的进一步发展,这种股权转让方式的弊端日益显现。基于自益权和共益权的不同性质,在股权转让时,应把这两种权利分离,分别进行转让。对于可能因此而引起的权利冲突,可通过规范股权转让行为等方式予以解决。

Under the present law flame, stock transfer of limited liability company is restricted in transferring of self-interest right and common-interest right simultaneously. However, with the further development of market economy, the present method of stock transfer is not adequate for solving complicated stock transfer disputes any longer. On the base that self-interest right and common-interest right are two different rights qualitatively, it is possible that these two kinds of rights can be separated and executed by different subject of right. The potential right conflict can be solved by normative activities of stock transfer.