国有资产评估规范对国资转让合同效力的影响探析——以某民营企业与某国有企业土地使用权转让和房屋拆迁补偿合同纠纷为视角word格式论文.docxVIP

AbstractIn judicial practice, since the conclude without state-owned asset valuation norms, the court gave virous judgement to the contract of asset transfer from state-owned enterprises to private enterprises regarding similar cases. To this end, the author studies the case of state-owned asset transfer , set the example of State Assets disputes and the land use rights transfer between state-owned enterprises and private enterprises, combined with relevant legislation and practice state-owned assets transferred in our country, in order to discuss the essence of the state-owned asset valuation norms. Propose other factors which without assessing may affect state-owned assets transfer contract.The paper has five parts, mainly states as follows.The first part of this paper is the introduction. Mainly discuss the transfer of state-owned assets disputes and the urgency to determine the layout of the nature of the state-owned assets assessment profile with major research methods.The second part of this paper rise a case to ask questions, to extract the focus of controversy: ① Is the transfer of state-owned assets to assess a effective mandatory norms?②Should maintain the involved contract in effect? The writer has given her opinions.The third part is to define the nature of the state-owned assets assessment. First, giving a clear specification of peremptory norms with a peremptory norm in the nature, scope, the rank fit; Secondly, according to the provisions of the relevant judicial interpretations and guidance issued by the Supreme Peoples Court of contract law, peremptory norms has been divide to the effectiveness of mandatory regulation and management of peremptory norms, elaborated from a formal specification for the object, the violation consequences of their legislative purpose to identify the effectiveness of mandatory norms, passing under the above four steps to identify, pointed out Non-fit between standard and evaluate the effectiveness of state-owned assets