股权代持执行异议之诉中外观主义的适用

The Application of the Appearance Doctrine in the Lawsuit against the Enforcement of the Shareholding Held on Behalf of Another

摘要: 股权代持导致股权的权利外观与真实权利状态不一致，在执行程序中隐名股东会提起执行异议之诉，在审理过程中，存在着隐名股东与实际股东债权人的利益冲突，外观主义作为解决权利真实状态与外观不一致的原则在该情形中适用，体现了法院对交易秩序的维护，降低了善意第三人的交易风险。

Abstract: The appearance of the equity rights is inconsistent with the real state of the rights held on behalf of the equity, and the anonymous shareholders will file an enforcement objection lawsuit during the enforcement procedure. In the course of the trial, there is a conflict of interest between the anonymous shareholder and the actual shareholder creditor, and the appearance doctrine is applied in this case as a principle to resolve the inconsistency between the true state and appearance of the right, which reflects the court’s maintenance of the transaction order and reduces the transaction risk of a bona fide third party.