夫妻两人公司的人格认定问题

A Discussion on the Personality of Company Hold Only by a Couple

江苏南京某法院在审理一起股东变更为仅有夫妻两人的有限公司起诉股东转移财产的纠纷案件 时,混淆股东之间的财产关系与公司本身财产的归属,不适当地套用民法上的一般规则,认定该 公司已丧失法人人格,不具备诉讼主体资格。有专家评论该案时也赞同法院的意见,且流传较 广,故有必要予以澄清和匡正,以免引起误解、重复错误。

In a property case which a limited company hold only by a couple through stock transference sued for stockholder's returning, the judgement from a court of Nanjing, who was confused by the property relation between stockholder and the ascription of company's property, misapplied the rule of civil law mechanically,and ignored the accuser by denying its juristic personality and suit qualification. Also an expert endorsed the judgment,moreover, his comment went around widely. Hence, we consider that it s necessary to clarify and rectify the improper opinion lest it causes misunderstanding and repeats.