The Theory Of Joint Equity And Segmentation Problem

With the development of social economy and the improvement ofpeople’s life, the property form of wealth is increasingly being diversified.So does marriage joint property. During such change, the company isbecoming important subject enriching people’s family in the marketeconomy. At the meantime, it is generally accepted that divorce is normalin modern family life, so there are more and more disputes on partition ofganancial property including company stocks of spouse due to divorce. Inlegal practice, partition of company stocks of spouse has connection withCompany Law, Security Law, Marriage Law, also has importantrelationship with the interests of spouses, the company and any othercreditors, however, the said relevant law is blank about handling suchdisputes on partition of company stocks of spouse due to divorce. In legaltheory, there is no consensus on the issue of whether company stock couldbe object of marriage joint ownership, and if could, how do co-ownersexercise their rights and obligations and how divide joint stocks in personalcompanies. Therefore, this paper tries to affirm and improve the system ofmarriage joint ownership of stock on the basis of combination communityproperty system in PRC Marriage Law with quasi joint ownership in PRCProperty Law, in order to append my own research achievements to legalresearch on the cross corner of Marriage Law and Company Law in PRC,to let lagging law keep up with human social life practice, to eventually fillstatutory blanks and guide legal practice in PRC.