有限责任公司股权继承限制性制度研究

The Research of Restrictive System in the Inheritance of Shareholder's Rights in the Limited Liability Company

有限责任公司股权继承问题是公司法的重要问题之一。目前学界关于股权继承的理论争议较多,它主要的分歧就在于股东死后的股权如何分配,通过何种方法分配及程序上的问题。这些问题《公司法》第76条的规定并没有给出直接的答案。对股权继承的限制性规定进行讨论与研究,来探讨公司实务中股权继承的可操作性。

the succession of equity in limited liability corporation is one of very important subject in company law.There are copious contentions on this issue in contemporary academic circle,and the main dispute lies on how to distribute the shares after the death of the shareholder as well as by what means and in what kind of procedure to address this problem.However,there are no direct answers in the 76th items of the new corporation law.Thus,this article is going to talk about the restriction on the inheritance of the shareholder＇s rights in the limited liability company in order to explore the feasibility of the shareholder＇s inheritance in practice.