Research On Split Of Stock Right Jointly Owned By The Couples In Divorce Cases

In the case,divorce couples might involve Split of Stock Right Jointly Owned.case for how to split often have different views and practices.The judicial interpretation no.2 of the Marriage Law has made a contingency provision on this issue.But these provisions are not comprehensive enough,because they do not cover a variety of situations that may occur in marriage and family cases by combining the characteristics of the joint stock limited company and the limited liability company and the particularity of the equity,such as how to partition registered share or bearer shares in the company limited by shares;the court decide the case on what basis if the husband or wife holds shares in limited liability company,but the two sides cannot reach a consensus;both husband and wife hold shares,the company is owned by the couple or the common shares in a one-person company.In this article,to solve above problems through analyzing the nature of the common property of husband and wife and equity,reference law at home and abroad,the author puts forward the rationality and basic principles of common equity segmentation and general method of common equity division.Analysis of the characteristics of limited liability companies and limited liability companies,the author proposes that in the divorce case when stock equity holdings in the incorporated company,the court may direct division registered share what convenient transfer or bearer shares,for registered share what cannot convenient transfer shareholders spouse should be compensation.When holding limited liability company shares the court may direct division equity in these cases that one party has a stake,both sides stake and husband and wife company;in the one-member company court may compensate the shareholders spouse.The author also recommends to establish the property assessment institutions when equity value need assessment,and improve the burden of proof in the equity split case.