On Distribution Of Company Shareholdings On Divorce

Equity as a new form of investment with the development of social capital in China.In reality,many families began to use the wealth of family life to invest in equity,which shares become a common property of husband and wife one of the important content.And divorce in the husband and wife,it is inevitable to involve the division of equity issues.In contrast to the common property of the common husband and wife,the division of the equity has certain complexity,such as the diversification of the ownership type,the non-property rights of the equity interest in the equity interest all affect the smooth progress of the division;and the division of the equity involves the other Shareholders and other third party interests,which makes the divorce of divorce when the division of shares has a certain degree of difficulty.For this issue,China,whether it is "Company Law" or "Marriage Law" are lack of clear provisions,the relevant provisions of the judicial interpretation is also very general,whether the equity as a husband and wife co-property,and the couple can not reach agreement on how Segmentation and other issues are paid,and in the theoretical level of scholars on this issue also failed to reach an agreement,which led to the judicial practice of judges on this understanding of the problem,there have been different cases of the same phenomenon.In view of this,it is necessary to study this issue in order to clarify the relevant controversy,to improve the relevant system of our country,and to provide reference for judicial practice.The paper is divided into five parts to discuss:The first part introduces the background of the topic,the purpose of the topic selection and the selection of the topic,and combs the current situation of the topic at home and abroad.Through the literature collating,we can find that although the division of the shareholding of husband and wife has attracted the attention of our scholars,the existing literature still lacks a more systematic and comprehensive study.The second part discusses the general theory of the division of shares between divorces.It mainly discusses the definition of the total shareholding of husband and wife,the essence of the division of the total share of the husband and wife,and the difficulty of the division of the share of the husband and wife.A husband and wife share a common property as a husband and wife,the division of the same as the other husband and wife have the same property,refers to divorce according to the law will be shared by husband and wife equity divided into their own equity or property interests.However,due to the diversification of the types of shares of the couple,the mutual benefit is difficult to assess as an identity right value,and there are many conflicts of interest in the process of equity division.The division of the common share of the husband and wife in the practice is more common than the common husband and wife complex.The third part discusses the legitimacy of the equity as the common property of the husband and wife,because the equity as a new type of civil rights both property and identity rights,but its nature or property rights,and equity funds are the common property of husband and wife,so Equity should be recognized as common property of husband and wife.In addition,because the husband and wife share the equity division in line with the marriage justice,will not undermine the company's human nature will not cause the company deadlock,so the division of equity is also legitimate.The fourth part mainly studies the current legislation and judicial practice of the division of husband and wife in China.The author enumerates the relevant provisions of our "Marriage Law" and "Company Law",and sums up the lack of the rules of mutual agreement among husband and wife in our current legislation and the lack of segmentation method.Through the study of the judicial practice of the shareholding of couples in China,it is considered that the existence of equity in the judicial practice of our country is the case of the common property of the husband and wife,the division of the equity division,the evaluation of the equity value is difficult,the evidence of the stock right is difficult and the property preservation is difficult to carry out And other issues.The fifth part puts forward some suggestions on the imperfection of the shareholding system.This chapter mainly includes the scope of the total shares of husband and wife,the division of the common ownership of husband and wife,the division method,as well as the division of the conflict of interest and balance mechanism.First clear the husband and wife share the recognition of equity standards,in order to clarify the husband and wife share the general scope of equity.Secondly,it is clear that the total shareholding of husband and wife should comply with the principle of fairness,equality,consensus,favorable production,convenient life and protection of third party interests.Again,the specific approach to segmentation considers that different situations are taken in different ways.Finally,due to the split in the process will touch the interests of different people,to properly deal with the issue of equity division will balance the non-holder spouse and other shareholders of the conflict of interest,balance the non-holder spouse and the assignee of the conflict.To sum up,this article through the above five parts of the husband and wife share the relevant issues related to the division of the study,I believe that the husband and wife share ownership of the common property of husband and wife,and as a common property division of husband and wife is reasonable,in the division of husband and wife shareholding Follow the principles of the common division of husband and wife,but also to comply with the relevant provisions of the company law.In terms of the method of segmentation,the method of sharing the common object should be applied in principle,and the specific problems of the different types of couples should be analyzed in combination with the characteristics of the equity.