The Division Of The Stock Equity Under One Spouse When The Couple Get Divorced

With the rapid development of social economy, the legal form of social wealth has demonstrated the tendency of diversification. One notable example is that the stock equity, as one of the important forms of social wealth, has been playing an significant role in jointly owned property. However, the traditional marriage value has gradually been influenced by the changing social ideas, which, nowadays, makes the divorce rate stay high. Furthermore, the divorce disputes concerning jointly owned stock equity has increased dramatically. The division of the jointly owned stock equity has to take into account the ethnical nature of marriage on one hand; on the other hand, it needs to abide by the civil law, the company law, the securities law, etc. The structural change of the jointly owned property has made the amount of the property increase largely and the hearing of the cases difficultly. Therefore, it has attracted more and more attention from the academic fields, making it a fresh topic for research.The paper is mainly divided into three parts except for the introduction and the conclusion.Part Ⅰ-Since the fundamental drawbacks concerning the current legislative status of the division of the stock equity owing by one of the couple still exist, the non-standardized arbitration in the judicial practice has thus come into being. In order to have an individual solution to each problem, the author has explored the source of all those problems from the perspective of legislation and judicature, after which the disputes and difficulties remaining in the judicial practices have further been discussed.Part Ⅱ-The prerequisite of the division of the sharing stock equity is the attribution of the stock equity owning by one party of the couple. Proceeding from the limited liability company, the sharing property of the couple and the existing legislative basis and legal ideas, the author points out that the couple’s sharing stock equity doesn’t necessarily affect the affinity nature of limited liability company. Furthermore, by starting from some laws concerning dormant partner, the paper explores the attribution of the stock equity owning by the couple and the ways to identify the stock equity attribution.Part Ⅲ-The division of the stock equity owning by one party of the couple should be proceeded in the basic framework. Meanwhile, the judge should also apply the different methods according to the varying limited liability company nature. Besides, in order to make the division of the stock equity owning by one party of the couple proceed consistently, our laws should improve the aspects like protecting the stock equity, evaluating the stock value, transforming the shareholders’identities as well as confirming the couple’s stock equity. In reaction to those problems, the author has launched her solutions to the improvement and specific division of the stock equity owning by one party of the couple.Thus, the innovations of this paper are probably the designing of relevant division methods for different limited liability companies and the conditional applying of the rules concerning the restrictions of the new shareholders’joining consisted in the Company Law and other72rules. At the same time, the judge has been endowed the right to initiate the stock equity value evaluation procedures lawfully in case that some stalemates might occur in the trial. In this case, the rationality of the stock equity division can be guaranteed. Besides, the cost thus caused should be paid by the benefited party but not the party that proposes the evaluation procedure. However, as for the limited knowledge of the author and the complexities existing in the real-life trial, the solutions the author provides have some shortcomings, which, as is believed by most people, can be improved in the process of constant practices.