Theoretical Justification of China’s Legislation and Normative Structure of Company Law on Joint Holder(s) of Shares

Joint holder(s) of shares is a right-form existing objectively in company practice. Either Civil Code or Company Law has no definite provision on joint holder(s) of shares, which contributes to the dual dilemma of chaotic justice and lack of legislation in the legislative system of joint holder(s) of shares under the combination of civil and commercial legislation system. The co-ownership of qualification is not only the most characteristic core connotation in joint holder(s) of shares, also different from the essence of co-ownership of things in civil law and the co-ownership of universality rights. Therefore, the co ownership of qualification becomes the logic starting point of legislation of joint holder(s) of shares. Through the empirical study of relevant cases in China’s judicial practice and the comb of relevant legislation in the principal states of civil law and common law system, the legislative points of joint holder(s) of shares are summarized as registered co-owner, joint representative and exercise of joint holder(s) of shares, and on this basis, put forward legislation paradigms and normative structure suggestions of joint holder(s) of shares for China’s national condition.