股东的股东会决议撤销之诉提诉主体资格研究

Research on Shareholder's Qualification of Initiating a Suit to Revoke the Resolution of Shareholder's Meeting

股东会决议撤销权属单独股东权,凡股东皆为撤销权主体。即股东会决议作出后取得股东资格的股东、未出席股东会的股东、无表决权股东、赞成股东会决议的股东亦享有撤销权,只不过基于诚实信用的法理,其权利行使可能受到限制,而不能成为适格的提诉主体。

Every shareholder has the right to revoke the resolution of shareholder meeting, even if the shareholder who gets the shareholder＇s status after the resolution in question has been reached, the shareholder who did not present the shareholder＇s meeting, the shareholder who had not voting right and the shareholder who favored the resolution in question are not regarded as exception. There are limitations on the exertion of right based on the doctrine of good faith that makes some shareholders ineligible to lodge a suit to revoke the resolution of shareholder meeting.