Current location - Health Preservation Learning Network - Slimming men and women - A case study on the dispute of capital contribution transfer contract in economic law
A case study on the dispute of capital contribution transfer contract in economic law
1, to determine whether the agreement is valid, it needs to be determined according to whether the parties have the capacity for civil conduct, whether the agreement is the true intention of both parties, and whether it violates the mandatory provisions of laws and administrative regulations.

In this case, Li Ting enjoys the company's equity, which can be transferred to the outside world according to law. Therefore, Li Ting has the right to transfer its equity.

Secondly, Li Jinghua and Li Ting are both shareholders of the company, so they should know the ownership structure of the company. Both parties should know whether Li Ting can dispose of 50% of the company's shares. In this case, Li Jinghua's claim that the contract was invalid was unreasonable, and after the contract was signed, both parties actually fulfilled the contract, and Li Ting introduced company management. Therefore, it can be concluded that the transfer contract is valid, and Li Jinghua invested 400,000 yuan to acquire Li Ting's own equity. Unilateral additional delay interest is an invalid contract clause.

2. The people's court will make a judgment according to whether the contract is valid and how to perform the valid contract. My personal opinion is that the court ruled that the contract was valid and asked Li Jinghua to pay the transfer fee, but did not support the extension of interest.