The General Structure of the Equity Bona Fide Acquisition of Limited Companies in China

With the promulgation and implementation of Company Law's Judicial Interpretation Three, the academic circles pay attention to The Equity Bona Fide Acquisition from theory to legislation, even to The judicial practice's response and review. This article admits the value of The Equity Bona Fide Acquisition, and based on analyzing its current legal norm, thinks that the fact of current legislation's not fixing the mode of equity transferring is not legal loophole, but regression of theory's tool value in the spirit of the autonomy of private law. Analyzing general structure of equity transferring on the basis of separation principle, is the basis of constructing general structure of The Equity Bona Fide Acquisition. Setting up a precondition based on equity's particularity and appearance doctrine of merchant law, considering constitutive requirements of The Equity Bona Fide Acquisition, and combining with the parties-attitude whether admitting No-cause principle or not, are essential to constructing general structure of The Equity Bona Fide Acquisition.