The Analysis About The Couple's Common Ownership In Divorce Proceedings

With the rapid development of economy,equity as a new form of family assets,has gradually superseded deposits,autos,real estates and other traditional family properties,and become the core component of family property of high net worth.Meanwhile,the proportion of asset division involving equity and other intangible assets in the divorce disputes rises,and the conflict between the rigid stipulations and the complex realities of the disputes is also highlighted.Therefore,this thesis studies the disputes on the equity segmentation of limited liability companies which are communal estates,from the perspectives of the legislation at home,judicial actuality and academic views.In addition to “Introduction” and “Conclusion”,this paper is divided into five parts:The first part puts forward the issue.Through the analysis of three cases,this part summarizes the solutions applied in the judicial practices at home of segmentation proceedings on marital joint equity and thus set the foundation for this thesis.The second part discusses the theory of the marital joint equity.This part first introduces the basic concept and attribute of equity,and then analyzes that of the marital joint equity through the comparison between it and traditional communal estates.On this basis,this part concludes that the marital joint equity can be segmented,which should abide by special rules.The third part describes current situation of legislation of marital joint equity.This part analyzes the stipulations on marital joint equity and further discusses the conflicts between marriage law and corporate law and their lacuna.The fourth part introduces the judicial dilemma in the segmentation of marital joint equity.The analysis of the problems in the judicial practices of the segmentation of marital joint equity is carried out in this part.The fifth part proposes some suggestions on the issue.This part presents ways to settle disputes on marital joint equity,which is divided into such aspects as uniform legislation and the manners applied to segment marital joint equity.