A Study On The Division Of Joint Stock Rights Of Limited Liability Company

With the fast development of economic and social in China,and the external manifestation of common property between husband and wife are more diversified,it is the amount of intrinsic value is increasing.However,the equity as a new development of the property,which has more and more complicated relationship between property and property.The equity segmentation problem that is not only a law and regulation could be solve,it refers to a number of laws and regulations such as "marriage law","corporate law","the Interpretation of the Supreme People's Court about Several Problems Concerning the Application of the Marriage Law of the People's Republic of China(two)".At the same time,for the shared equity segmentation of the couple,also is not only division of equity for couples,more likely involving the third person's legitimate rights and interests and many other problems.Therefore,processing the case of couples shared equity segmentation of limited liability company.That is not only increased the difficulty of the applicable law and entity in the court,but how to judge the equity better that intangible common property disputes of both husband and wife,it became the difficult problem in judicial practice that has been plagued judge.Since the Interpretation of the Supreme People's Court about Several Problems Concerning the Application of the Marriage Law of the People's Republic of China(two)has been issued and implemented over a decade.There are many problems in the applicable of divorce of common equity segmentation,to some extent,and it system of limited liability company could be improve.Besides introduction and conclusion,this essay is divided into four chapters and discussed the divorce common equity segmentation of limited liability company:The first chapter analyzed the concepts and characteristics of the matrimonial equity segmentation in limited liability company.Firstly,introducing the concept of matrimonial property system that includes statutory and contractual.Those aims to provide jurisprudence basis for discussing the shared equity between husband and wife in limited liability company.Secondly,describing the equity as evidence for the division of common property of husband and wife.Finally,summarizing the characteristics of the limited liability company matrimonial equity segmentation.The second chapter is devoted to what principle would be used in shared equity segmentation of limited liability company when a couple divorce.It makes clear the legitimacy and feasibility of segmentation.For example,bidding principle,principle to protect the interests of the another people and the principle of compensation.The third chapter is.A combination of relevant cases,the divorce problems of common equity segmentation in the analysis of our limited liability company couples,such as unclear ownership,the burden of proof in different ways,the couple split common shares to change the company structure caused by the uncertain stock value.In the fourth chapter,combined with the existing laws and regulations.In a comprehensive view of some scholars,put forward some suggestions to improve China's limited liability company divorce common equity segmentation.Among them,the segmentation method,the one-person company,husband and wife company,the four special division of one of the spouses and couples holding stock for judge Provide a reference;in the identification of equity value,proposed the establishment of marital equity evaluation system;in the equity ownership,optimize the matrimonial property registration system;in the implementation,strengthen the measures for the preservation of matrimonial equity limited liability company.Clear the other shareholders preemptive right relief system.