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When a Shareholder Dies: Can the Heir Demand Inspection of the Books, Dividends, and a Board Seat—and What May Other Shareholders Refuse?
Part 11 (Disputes) | The boundaries of a successor shareholder’s rights and the defensive space of other shareholders This article focuses on the core battleground of the old-versus-new shareholder conflict—the boundaries of a successor shareholder’s rights and the defensive space available to other shareholders. Drawing on Article 57 (right of inspection) and Article 210 (profit-distribution…
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The Zunjie V800 Brake-Pedal Fracture Incident: Who Bears Legal Liability to Consumers—Huawei or JAC?
按缺陷汽车召回条例第八条，生产者是以自己名义颁发产品合格证的企业。工信部申报显示尊界生产企业与商标均为安徽江淮汽车集团股份有限公司，故江淮为对外第一责任主体；华为可能依消保法第四十五条进入责任链条。截至2026年10月12日尚无权威调查结论，文中判断均为推测待证实。
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He Transferred the Equity to His Brother at a Low Price Before Divorce—Can You Get It Back? — Remedies of Revocation Against Hidden Equity Transfers
This article addresses the high-frequency dispute of “one spouse transferring equity at a low or gratuitous price to shift assets before divorce.” Combining the creditor’s revocation right under Book III (Obligations) of the Civil Code, the spousal property protection rules under the Marriage and Family Book, and the doctrine of voidness for malicious collusion, it…
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The Heir Is Only 8 Years Old—Who Exercises the Equity? — Legal Arrangements for Minor Heirs
Part 10 (Dispute Series) | The heir is only 8 years old—who exercises the equity rights? This article focuses on the easily overlooked dispute of “how a minor heir exercises shareholder rights,” combining the Civil Code capacity system, the guardianship system, and the new Company Law’s rules on inheritance of shareholder qualifications, to sort out…
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Same Company, Fivefold Valuation Gap — The Battle Over the Valuation Reference Date in Divorce Equity Division
Same Company, Fivefold Valuation Gap — The Battle Over the Valuation Reference Date in Divorce Equity Division This article addresses three major disputes in valuing equity for divorce division: how to choose the valuation reference date, how to apply the valuation method, and how to spot a fraudulently low appraisal. Drawing on asset-valuation theory, judicial…
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Why Does the Court Award the Equity to Him but Only Compensate You with Money? — The Two Paths of Divorce Equity Division and Their Conditions
Why Does the Court Award the Equity to Him but Only Compensate You with Money? — The Two Paths of Divorce Equity Division and Their Conditions This article focuses on the core procedural choice in divorce equity division: whether the court orders physical division (the spouse becomes a shareholder) or compensation in lieu of division…
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Father’s Will Leaves the Company to the Younger Son—The Elder Brother Says the Will Is Invalid. How Does the Court Decide?
This article focuses on a high-frequency dispute in inheritance litigation—how the validity of an equity-related will is judicially reviewed. Drawing on the Civil Code’s principle of formal equality among wills, the doctrines of capacity and defective intent, and the judicial interpretations of the inheritance book, we unpack the court’s complete framework for deciding whether a…
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Dividing Equity in Divorce: When Other Shareholders Say “No” — The Head-On Clash Between the Right of First Refusal and Equity Partition
This article centers on the conflict proposition of “whether, when dividing equity in divorce, the other shareholders’ right of first refusal bars the spouse from becoming a shareholder.” Combining the notice system for share transfers and the theory of associational nature under the Company Law, the rules on division of community property under the Civil…
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A Word to Every Founder: While You’re Still Healthy, Put Your Equity-Inheritance Plan into the Articles of Association — A Four-Layer Template and Pitfall Guide for Share-Transfer-on-Death Clauses (Part 7 · Prevention)
This article takes the practical lever of “how to design the equity-inheritance clause in a company’s articles of association” for equity succession. Combining the company-autonomy theory under the Company Law, the validity-review rules for articles-of-association clauses, and judicial practice, it offers a four-layer design template and pitfall guide — from eligibility restrictions to buyback pricing.…
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What Will and What Insurance Should a Founding Shareholder’s Equity Be Paired With? Three Wealth Transfer Tools for Family Succession (Part 6: Prevention)
Part 6 (Prevention) | What Will and What Insurance Should a Founding Shareholder’s Equity Be Paired With? Three Wealth Transfer Tools for Family Succession This article addresses the core question of family wealth management — whether to use a will, insurance, or a trust for equity succession. Drawing on the doctrine of testamentary freedom and…
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