Couple Of Common Equity Division Of Research

With the development of our society and the exaltation of people's material life level, the contents, scope, and object change very greatly, husband and wife's property appeared the trend of diversification and complication, husband and wife common dispute of management and punishment of the property also increases increasingly.How to handle new emergent dispute of the property rightly becomes a problem in the judicial fulfillment which perplex the judges. Our law and judicatory explain admit some accredit property form, mainly concluding real object, creditor's rights, ownership of a share, negotiable security and the income of intelligent property right currently. This kind of invisible property right and the Ownership of a share not only involves contents, such as company law, real right law and securities law...etc, but also increases a court to apply entities, such as law and litigation procedure...etc. and because of usually involving the third people's benefits, the procedure grow difficultly while handling this kind of case. There is no special provision concerning husband and wife's partition of the common ownership of a share in company law and marriage method, as a result the court usually use the provision concerning the convey of the ownership of a share in the company law when carry on the partition of the husband and wife's common ownership of a share. But the husband and wife's common ownership of a share partition is one special problem, so it different from with the ownership of a share in the company law. It have a necessity to combine the related provision of company law and marriage method to inquiry into a related problem that divorce husband and wife's common ownership of a share's partition. Revise and perfect husband and wife at the time of divorce split common shares of the legislation, not only to meet the marriage parties need to safeguard their own rights and interests, the protection of third party interests and the needs of safeguarding the safety of transactions, and facilitate the court cases of divorce and property disputes promptly and effectively dealt with. Therefore, this text draws up a research on husband and wife's common ownership of a share to partition problem.This thesis in addition to preface, conclusion is divided into three parts totally.The first part puts forward the problem. This part is the rift and disposing crux of the partition of husband and wife's common ownership of a share in the judicial actual situation and the educational circles derivated by the two related case, mainly about can take an ownership of a share as the husband and wife's common property that carry on partition? Can husband and wife common ownership of a share be partitioned by force and while partitioning husband and wife a common ownership of a share to ownership of a share how does the value measure? To non-shareholder spouse how we should protect the square's property right etc..The second part defines what is the common ownership of a share of husband and wife. On the foundation of the concept and the characteristic of the common ownership of a share of the husband and wife, further explicit which ownership of a share and the ownership of a share income belong to husband and wife common property.The third part is the concrete speculation about the partition of the husband and wife's common ownership of a share. This part elaborates the basic principle that should be established when carrying on husband and wife first the common ownership of a share partition;Then put forward the perfect suggestion of related system. Such as building up the apprizing system husband and wife property condition to, valuation system of the ownership of a share's value, certificate system of husband and wife common property etc, which to resolve the difficulty of affirmation problem and partition problem of the ownership of a share value. At last it carrys on a detailed study to the partition method of the share of different category respectively.