The Analysis Of The Division Of Couple’s Equity In The Divorce

With the rapid development of economy, the concept of freedom, equality and thorough popular feeling, the improvement of their social status, people for the concept of marriage and family, great changes took place in the society. Especially after the1990s. the divorce rate in the world is rising. Divorce is the direct consequence of the identity of the husband and wife relationship destroyed, no longer have the bondage of marriage, in the legal sense restore single; Along with the relationship between husband and wife for identity as a result of the couple’s joint property relations will be destroyed. The relationship between husband and wife property destroyed has become a divorce case an important link, and the difficulty. In China two thousand years of feudal society, the male dominant women’s status, and its low, completely attached to her husband, in principle, no property survival ability, its not marry young families belong to low. the life will have parents bring up. the house is not only no power, and nowhere decentralization. To the husband’s family later, the wife to the husband’s family property is no rights whatsoever. If divorce, from the maiden bring dowry, in addition to the special costumes, instruments, and the rest can take the right amount is points less than any property. After the founding of new China, women’s status to ascend, equality between men and women performance in property relations is men and women enjoy equal property rights, admitted to the family women pay value, protect women’s rights in divorce, protect women’s property rights.Along with economic development and raise the level of science and technology culture, husband and wife property type appears diversification and complication of the trend. In addition to the traditional deposit, real estate object also appeared the creditor’s rights and equity, marketable securities, intellectual property and property type. For these new types of property law in China is not yet clear, leading to divorce division of property of husband and wife have a really effective laws can depend on. In recent years, in the marriage and family dispute cases involving the equity division more and more, this article takes the husband and wife divorce proceedings equity division as the main body, but because the range of too much, the author only choose limited liability company equity segmentation as the Angle of view. Marriage law judicial interpretation (2) of article16couples divorce equity segmentation for the rules, but this provision is only for husband and wife a party is a limited liability company, the shareholders, and the other party is not the company shareholders and both sides of husband and wife is equity division to reach an agreement for the case. For community shares of other forms of division that is both sides of husband and wife is not equity division to reach an agreement how to split to give specific provision, there are still necessary to discuss. In addition, divorced couples equity division is not only related to the "marriage law","law of corporation" the content, but also involves the interests of a third person, how to protect the safety of transactions, maintaining economic stability is to treat such case in the face of another difficulty.