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于自然人股东死亡后的股东继承资格方面,我国公司法做出了较为突破性的规定。但是公司股权并非单一性质的财产权,通说认为股权由自益权和共益权组成,因此,被继承人的股权能否被继承人全部继承,尤其是具有人合性质的公司强调股东间的信用,若允许继承人无条件进入公司股东行列,是否会影响公司内部管理?这些问题是学术界对于继承取得的股权内容产生分歧。公司法理论的通说认为有限责任公司兼具资合性和人合性的特点。所以如何避免有限责任公司因继承而产生矛盾,是本文需要解决的问题。
In respect of the succession qualification of shareholders after natural person shareholders die, the Company Law of our country has made more ground-breaking provisions. However, the ownership of a company is not a property of a single nature. It is generally believed that ownership consists of self-interest and common-benefit rights. Therefore, whether the equity of the decedent can be inherited entirely by the successor, especially the corporate nature, emphasizes the credit among the shareholders. If Whether to allow heirs unconditionally to enter the ranks of the shareholders of the company will affect the internal management of the company? These problems are the academic circles that have diverged from the equity they acquired. The general theory of the theory of corporate law that the limited liability company has both the characteristics of compassion and humanity. Therefore, how to avoid the conflict of limited liability company because of inheritance is the problem to be solved in this article.