Change for correct cognizance and enterprise make relevant civil dispute case, basis " general rule of civil code of People's Republic of China " , " company law of People's Republic of China " , " law of enterprises of industry of system of ownership of the whole people of People's Republic of China " , " contract law of People's Republic of China " , " code of civil law of People's Republic of China " the regulation that waits for law, code, union tries practice, make this provision.
One, the case is accepted
Court of the first people accepts the following equality the civil dispute case that medium happening transform in system of company property right between civil main body:
(one) the civil dispute that company company transforms medium happening
(2) company stock collaboration makes the civil issue that in transforming, produces
(3) the civil issue that produces in company component
(4) company creditor's rights turns equity issue
(5) the enterprise sells contract issue
(6) dispute of enterprise annex contract
(7) change with the enterprise make relevant other and civil issue
The 2nd party is sued accord with this regulation the first place lists case, accord with what the code of civil law sets the 108th times to sue a condition, people court ought to give accept.
Branch of director of the 3rd government undertakes in state-owned to the enterprise asset administrative sex is adjusted, delimit turn the issue that produces in the process, party mentions to people court of civil suit, people court does not grant to accept.
2, company company is made transform
The 4th state-owned company transforms those who be company of state-owned and solely invested finite liability according to company method whole, the debt of former company, assume by the finite liability company after transforming.
The 5th enterprise is passed increase endowment spread perhaps transfer partial property right, implementation other people is right the share of the enterprise, transform enterprise whole for finite liability company or of Inc. , the debt of former company by after transforming set a company newly to assume.
The 6th enterprise establishs new company with its share worth and corresponding debt and other, approbate to transfers debt loan, by new established company assumes civil responsibility; The debt that transfers to place did not inform creditor or although inform creditor, and creditor does not grant to approbate, assume civil responsibility by former company. Former company is insolvent debt, creditor at this point to what set a company newly to advocate creditor's rights, set a company newly to assume implicative and civil responsibility with former company inside receives belongings range.
The 7th enterprise with its high grade belongings and other establish new company, and take debt in former company, creditor advocates creditor's rights as corespondent to lodge a complaint with setting company and former company newly, the property that establishs a company newly to ought to be accepted in place assumes joint liability jointly with former company inside limits.
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