论文部分内容阅读
在我国现在的民商法学领域,股权变动的概念,并没有统一的认知和清晰的界定。在法律实践中,股权变动又常与股权转让、股权变更等概念混用,比较随意。而笔者在长期的法律实践中感受到,学理上股权变动概念的模糊不清和实践中的随意混用,会经常影响和干扰当事人对具体交易条款和文本的拟定、理解和履行。因此,有必要厘清股权变动概念的内涵,对其作出清晰界定。
In the field of civil and commercial law in our country nowadays, there is no unified cognition and clear definition of the concept of equity change. In legal practice, changes in shareholding are often mixed with the concepts of equity transfer and shareholding alteration, which are more arbitrary. However, in the long-term legal practice, I feel that the vagueness of the concept of equity change and the random mixing in practice often influence and interfere with the formulation, comprehension and fulfillment of the parties’ terms and texts of specific transactions. Therefore, it is necessary to make clear the connotation of the concept of equity change and make a clear definition of it.