Equity Research Division Of Matrimonial Law Issues

With the increasingly diverse types of marital property, jointly owned matrimonial property ownership became a very important part of the divorce, the couple’s total stake is not only related to the marital property division problems, but also related to the shareholder’s right to identity problem, however, remains a fundamental property ownership of matrimonial property. This provides a legal basis for the division of matrimonial stake, but our total equity divided the couple did not make the specialized requirements.This article from the four aspects of matrimonial equity research division. The first part, from the concept of matrimonial equity analyzes matrimonial equity and comprehensive, involving him and other characteristics of the matrimonial equity analyzed on this basis, to discuss whether the couple can split the total equity, total equity by the couple That is the essence split the equity transfer, the equity division of matrimonial does not affect the company’s co-analysis and other aspects;The second part, by introducing legislation on matrimonial foreign equity, foreign legislation evaluate foreign equity transfer of foreign clearly defined right to purchase a specified system, more perfect equity valuation mechanism established matrimonial equity registration system. Legislation to improve the country’s foreign legislation provides the basis and reference; the third part, by summarizing our domestic legislation on matrimonial equity, analyze the current inadequacies of our domestic legislation exists, it is not a total equity couple division provides specialized, due to the equity division of matrimonial complexity and particularity required guiding principles provide the basis for a judge, but our lack of matrimonial special principle of equity division. Due to non-registered party couples access to the equity shareholders of the little information, based on marital status equal to unregistered party tilt protection should be given to disadvantaged shareholders, in order to ensure a real fair, while China did not make adjustments. Due to the transfer of foreign equity company law can not fully ensure the transfer of freedom need to be perfect, our lack of designated purchase rights. In matrimonial equity division, the equity value of determining significant, but not complete mechanism of a matrimonial equity valuation formation. Therefore, China needs to learn from foreign legislation, through comparative research methods, theoretical research, analyzes deficiencies that exist in our legislation, and the corresponding legislative proposals to establish and improve our legislation. Specifically including the establishment of special principles of equity division of matrimonial strengthen efforts to protect the vulnerable party shareholders, from the establishment of matrimonial property registration system, appropriate adjustments matrimonial divorce proceedings begin proof equity, improve the transfer of foreign equity in our company law system, the establishment of the specified purchase rights. Establish an equity valuation mechanisms not only to ensure the successful completion of the equity division of matrimonial, but also maintain a limited liability company of people together.