Study On The Division Of The Couple’s Mutual Stock Right In The Unusually Legal Property System

In the judicial practice, how to divide the couple’s mutual property is a very difficultproblem. Now, the complexity of the material wealth form increased the difficulty of thedivision. In2011, the new marriage law interpretation on three article4provides theextremely legal property system. That is in legal cases, husband or wife can appealdividing the couple’s mutual property but not dissolve the marriage relationship. But, howto divide the couple’s mutual property not only reasonably but also maintain the couples isa worthy researching topic. Based on the above consideration, the he author tries to probeinto the source of the couple’s mutual stock, the division of the way, the division of theprinciple, the value evaluation and a series of problems, in order to widen the theory andpractice. The author also tries to put forward reasonable suggestions in order to rise thecorresponding function in the judicial practice.This article through the following explains four parts.The first part is the general theory of the unusually legal property system. Firstly, thispart talks about the property system regulations involving the unusually legal propertysystem of the origin and academic disputes, and drawn out the concept and applicablesituation of the unusually legal property system. Secondly, this part talks about theintroduction of the continental law system, involving France, Germany, Switzerland,South Korea and Taiwan.The second part talks about the division of the couple’s mutual stock right. In thestock right parts, this paper involves the characteristics and whether the stock right can bedivided. In the couple’s mutual stock right parts, this paper involves the theory of thecouple’s mutual stock right.The third part discusses the basic principle of division of the couple’s mutual stockright. The author thinks that we shall abide by the following principles, including theequality between man and woman, the protection the other party’s knowing right, theconsideration to the innocent party, the consideration to the obligatory person, theprotection of other relevant stakeholders legitimate rights, the maintenance and keep therelationship, the advantage of production and the convenience living. The fourth part is the main content of this paper, which discusses the division of thecouple’s mutual stock right in the unusually legal property system. In the joint-stockcompany, this paper talks about the current stock and limit current stock. In the limitedliability company, this paper talks about the condition is more complex, such as thecouple’s company, the investment of the couple’s property, but only one registration forshareholders, and one-person limited liability company..And including value evaluationmechanism and procedural safeguard measures. The procedural safeguards measuresdiscusses the security system of the stock right, beforehand division system and thestrengthening of the judge’s investigation right. Through the above system, the authordraw out the rationalization proposals.