Stake In The Jointly Owned Intangible Property Split In Divorce. Analysis

The divorce not only has the certain status potency between the litigant, moreoveralso can have the certain property potency,one of them is the splitting of the jointproperty of husband and wife in divorce. For couples, it related to the vital interests ofboth sides if the division of property can be reasonable or not. Hence the division of thejoint property of husband and wife has always been the focus in the cases of divorce tothe couples and the people's courts.With the improvement of people's living conditions, Property owned by husbandand wife gradually become from only having tangible property to the coexistence oftangible property and intangible property in current, moreover, Intangible assets accountfor a large proportion in some families .so it have significant relevance to discuss thedivision of the joint intangible property of the couples in justice. Because there are avariety of intangible property, and each property has its own unique identity, so it can'ttake a common approach to the division of the joint intangible property of the couples.In much intangible property, stock right is more special, moreover, at presentstockholders rights are more common and account for a large proportion in families.Now, there are no special provisions on the division of the joint stock right of thecouples in Company Law and Marriage Law. So the court usually according to theprovision of the stock right transfer divide up the joint stock right of the couples.Because the division of the joint stock right of the couples is a special issue, it isn'tcompletely the same to the provisions of the stock right transfer in Company Law, so itis of great importance to discuss the related issues of the division of the joint stock rightof the couples in divorce by combining the related provisions in Company Law andMarriage Law, and it also has grate realistic meanings. Thus, with the center of thedivision of the joint stock right of the couples in divorce, the thesis includes three parts,including introduction, text and conclusion.In the introduction, the thesis accounts for the background and purpose of writingbriefly.The text consists of four parts:In the first part, the thesis introduces the intangible property briefly. the thesisexplains the historical origin and connotations of the intangible property, On the basisof that ,the thesis introduces the meaning of the joint intangible property of the couplesand the relationship between the stock right and the intangible property.In the second part, the thesis introduces the theories of the stock right, the jointstock right of the couples and the division of the stock right. At first, the thesis discussesthe meaning and features of the stock right and clarifies the legal character of it. Andafter that the thesis explains the meaning and legal features of the joint stock right of thecouples and discusses the relationship between the stock right transfer and the divisionof the joint stock right of the couples.In the third part, the thesis primarily investigates the ascription and cognizance ofthe joint stock right of the couples. The stock right belonging to the husband and thewife is the basis of the division of the joint stock right of the couples in divorce. Thethesis introduces the system of the joint property of husband and wife firstly, and later itdiscusses which type of stock right belonging to the joint stock right of the couples. Sothat the divorce case can be well-off carried through.In the fourth part, the thesis introduces the regulations about the division of thejoint stock right of the couples in some countries and compares the regulations. The lawof our country about the division of the joint stock right of the couples still has someaspects to consummate in legislation and practice. So the thesis introduces the law ofthe France, the Japan, the German and the American.In the fifth part,the thesis discuss the material methods to the division of the jointstock right of the couples and the difficulty in the practice. The stock right in ourcountry's Company Law exist to categories which are the stock right of limited liabilitycorporation and joint-stock corporation. The thesis introduces the division principle andthe division methods of the two categories, and it put forward the material and especialmeans of the division of the two types joint stock right of the couples. After the thesisdiscusses the theory issue, it briefly introduce the present difficulty in the practice.In the sixth part, the thesis put forward the aspects that should be consummated.The thesis indicates that the special division principle should be established, theprocedure of the division should be consummated and the assessment system of thestock right should be founded.In the conclusion, the thesis reviews the full text briefly and summarizes theprinciple point of view.