Author(s)

Lin Jiaxin ¹

Affiliation(s)

¹ Law School, Dalian Ocean University, Dalian, Liaoning, 116023, China

Corresponding Author

Lin Jiaxin

ABSTRACT

In Guiding Case No. 67 issued by the Supreme People's Court, the Supreme People's Court held that Article 167 of the Contract Law does not apply to the termination of installment payment equity transfer contracts. The verdict has sparked widespread discussion. Many scholars question the reasons for the judgment. The significance and value of guiding cases lies in unifying the standards of legal application, but there are contradictions in the judgments of similar cases in judicial trials, and the rationality needs to be demonstrated. Starting from the judgment reasons of Guiding Case No. 67, this article discusses the understanding and application of the right to terminate installment payments in Article 167 of the Contract Law, and discusses the differences in current laws and mainstream theories.Propose appropriate judicial approaches and theoretical disputes regarding the right to terminate installment payment equity transfer contracts.

KEYWORDS

Installment buying and selling; Termination right; Guiding Case No. 67; Equity transfer

CITE THIS PAPER

Lin Jiaxin, A Study on the Application of the Right to Termination of Equity Transfer Contracts with Installment Payment. Science of Law Journal (2024) Vol. 3: 86-91. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030212.

REFERENCES

[1] Judgment of Jinan Intermediate People's Court (2017) Lu 01 Min Zhong 1316. 
[2] Article 45 of the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Disputes over Sales Contracts. 
[3] Judgment of Hainan Second Intermediate People's Court (2019) Qiong 97 Min Chu 7. 
[4] Judgment of Zhejiang Provincial High People's Court (2009) Zhe Shang Zhong Zi No. 131. 
[5] Judgment of Jilin Provincial High People's Court (2018) Jiminzhong No. 563. 
[6] Ning Hongli. Construction of Consumer Protection in the Legal Terms of Installment Purchase and Sale [J]. Journal of East China University of Political Science and Law, 2013, (02): 85-94
[7] Zhu Liangmin. Research on the Termination of Installment Payment Equity Transfer Contracts: A Further Reflection Based on the Guiding Case No. 67 of the Supreme People's Court [J]. Journal of Kunming University, 2020, 42 (04): 61-70. DOI: 10.14091/j.cnki. kmxyxb. 2020. 04. 012 
[8] Zhao Yijin. Special limitations on the right to terminate commercial contracts [J]. Journal of the National Institute of Prosecutors, 2016, 24 (02): 151-162+176 
[9] Liang Shangshang. Public Interest and Interest Measurement [J]. Political and Legal Forum, 2016, 34 (06): 3-17.

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