Research On Ex Parte Disposition Of Marital Stock Equity

With the development of economy and society,the increasing amount of marital property,and more and more kinds of matrimonial property investment comes up,the share of the limited liability company which is regarded as the common property are one of the common investment choices nowadays.In the meanwhile,The case,which is cause by the unauthorized disposition of the spouses equity,is increasing year by year.During the existence of marriage,which is often seen.The case of similar type appears opposite verdicts because of the difference of legal knowledge,and value judgment,which damages the judicial authority and give a threat to the realization of the judicial guidance.The thesis consists of three parts:introduction,main body and conclusion.The introduction describes the causes of this research,the research status at home and abroad,and the research ideas,purpose,significance,etc..The main body includes four chapters.The first chapter is the general discussion of the marital stock equity.It can be divided into three parts:the first part is the analysis and description to the meaning of the marital stock equity;the second part is the analysis of the way of building up and pattern of manifestation of the marital stock equity;the third is mainly about the nature of the marital stock equity.By writing this,we could get a integral and explicit learning about the marital stock equity.The second chapter talks about the analysis to the judicial practice of disposition of the marital stock equity.It includes two parts:the first analyses the reason of different judgment and the focus of dispute,by discussing about the case of judicial practice;the second point at the focus of dispute and analyse the application of law,and propose the writer's view finally.In the third chapter,the author finds out the nature of couple's disposition of the share and the relief to the above actions in the judicial practice.According to the specific circumstances,that is divided into two situations:the first is there is only one person in the register of shareholders which constitutes unauthorized disposition,and generally the system of bona fide acquisition is the relief of bona fide third party,for non-shareholder spouse the relief is under the "marriage law" article 47;the second is both of the couple had appeared in the list of shareholders and this constitutes the agency by estoppel,which use the right of recourse,right of plea as the relief.In the fourth chapter give the precautionary advice in the steps that the dispute may occur about the marital stock equity,and considering the theory and practice,the author puts forward the method of applying and preventing disputes in the view of law application and improvement of system construction.It includes:regarding the stock equlity as the marital poverty in the regime;setting the regime of mutual registration and the time of publicity;setting the management regime of marital poverty;brodening the inspection right and strenthening the law education and so on.there are the way above to perfect the regime of registration of stock equity and transfer,and strenthen the stock equity publicity and protection of the right to know.The conclusion is that the attitude of author that is couple shares belonging to the common property of the couple.According to the form of marital right appearance,one of the spouses' disposition of marital equity behavior can use the unauthorized agency and agency by estoppel as two aspects of remedy that would unify and perfect system of the value orientation,in order to achieve the unified judicial judgment and enhance the credibility of the judiciary.