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A Study on the Application of the Right to Termination of Equity Transfer Contracts with Installment Payment

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DOI: 10.23977/law.2024.030212 | Downloads: 19 | Views: 182

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

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[3] Judgment of Hainan Second Intermediate People's Court (2019) Qiong 97 Min Chu 7. 
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[9] Liang Shangshang. Public Interest and Interest Measurement [J]. Political and Legal Forum, 2016, 34 (06): 3-17.

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