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在民事法理论上,财产所有权的取得有原始取得和继受取得之分。所谓原始取得,是指根据法律规定,最初取得财产的所有权或不依赖于原所有人的意志而取得财产的所有权;所谓继受取得,是指通过某种法律行为从原所有人那里取得对某项财产的所有权,即以原所有人对该项财产的所有权作为取得的前提条件。经研究发现,国有股权取得,也存在原始取得和继受取得之分。从目前证券市场上国有股权取得的来源来看,它主要源于下列七种方式:公司设立时(IPO)取得、公司配股时取得、公司增发新股时取得、经受让取得、经划拨取得、经拍卖取得、经司法强制执行取得。按照原始取得和继受取得的划分标准,公司设立时取得、公司配股时取得和公司增发新股时取得国有股权的方式为最初取得且不依赖于原所有人的意志,属原始取得;而经受让取得、经划拨取得、经拍卖取得和经司法强制执行取得,是以原有股权已经取得为前提条件,故属继受取得。
In the theory of civil law, the acquisition of ownership of property has its original acquisition and inheritance. The so-called original acquisition refers to the legal provisions, initially acquired property ownership or independent of the original owner’s will to obtain property ownership; The so-called acquisition, refers to a legal act from the original owner to obtain a Ownership of the property, that is, the ownership of the property by the original owner as a prerequisite. The study found that the acquisition of state-owned shares, there are also the original acquisition and succession of points obtained. From the current sources of state-owned stock rights in the stock market, it mainly comes from the following seven ways: acquisition of the company at the time of establishment, acquisition of shares by the company, acquisition of new shares of the company, acquisition of the proceeds, transfer of the proceeds, Auction obtained by the judicial enforcement of access. In accordance with the original acquisition and succession to obtain the division criteria, the company acquired at the time of establishment, the company acquired shares and the company issued new shares of state-owned equity acquired initially obtained and does not rely on the original owner’s will, is the original acquisition; Obtained, obtained by transfer, obtained through auction and obtained by judicial enforcement, is based on the original equity has been obtained as a prerequisite, it is the succession of acquisition.