Study On The Issue Of Matrimonial Equity Segmentation

After the reform and opening up, China’s social economy is rapidly developing. The family unit of the living standards are also constantly improving. The specific performance isthe total amount of property of both husband and wife in the family is increasing, which provides a rich material base for family life. Due to the sources of property diversification, marital property is continuously increasing.Now property types that constitute the common property of the couple is more complex, especially some intangible property in the joint property of the spouses is occupying an increasingly large proportion. Matrimonial equity is an important form of intangible property, its segmentation concerns to the realization of both husband and wife property rights and interests. Therefore, China’s Supreme People’s court in 2003 made Interpretations of the Supreme People’s Court on Several Issues concerning the application of the Marriage Law of the People’s Republic of China (II) (hereinafter referred to as Marriage Law Judicial Interpretation (II)) clearly stipulated that the husband and wife shares included in scope of jointly owned property. To a certain extent, it provides a legal basis for matrimonial equity segmentation. However, due to the provisions of the interpretation are more broad, it lacks maneuverability. So matrimonial equity in the specific segmentation still encounters many problems.Through analyzing cases of matrimonial equity segmentation in practice, in this paper, a few more common and more controversial issues in matrimonial equity segmentation are extracted.In combination with Marriage Law of the People’s Republic of China(hereinafter referred to as Marriage Law), The Company Law of the People’s Republic of China(hereinafter referred to asCompany Law) and on the basis of relevant judicial interpretations and civil theories, the paper proposes some views and improvement suggestions in order to better promote the development and perfection of China’s marital equity segmentation system, to better realize the interests of both the husband and wife in the property division, to ensure the normal operation of the company order, to predict and maintain the third people due to the damage may suffer from the damage, etc..This paper consists of six parts which revolve round the questions, analysis and problem-solving ideas:The first chapter mainly selects three classic cases of couples equity division to analyze and initiate the problems that often meet in the segmentation process.The second chapter is one of the key chapters which focuses on whether matrimonial equity can be segmented or not, the range of segmentation and how to determine the method. First of all, this chapter comes to a conclusion that matrimonial equity can be divided by studying whether matrimonial equity can be segmented. And then it proposes the contents that scope of the couple’s equity division should be included. At the end of the chapter, it discusses the methods of the division of matrimonial equity in different types of companies.The third chapter puts forward the mechanism of establishing the determination of matrimonial equity value through analyzing the causes of difficulty in determining the value of the couple.The husband and wife of dormant shareholders equity segmentation in chapter four is the difficulty of this paper. This chapter puts forward specific segmentationby means of analyzing the connotation and nature of dormant shareholders as well as combining with the basis of practice.How to determine the effectiveness of couple’s unauthorized transfer of equity is discussed infifth chapter. This chapter puts forward two kinds of specific circumstances of the transfer of the validity of the couple without authorization which bases on the commonality analysis of one of the spouses transferred the shares without authorization.The proof difficulty of non shareholder spouse is alwaysthe problem which is often met in the lawsuit process. Through analyzing the causes of the proofdifficulty, the sixth chapter puts forward two ways to improve the proof system in matrimonial equity segmentation.