A Study On The Allocation Of Limited Liability Company Shares Jointly Owned By Couples In Divorce Proceedings

For a long period of time,the allocation of property in divorce proceedings-including divorce disputes and property disputes after divorce-is considered as one of the most difficult points for the courts hearing the case.When the shares of limited liability companies are included in the range of common property possessed by the couples,things become more complicated.In addition to the consideration of the balance of interests between the divorce parties,the issues that judges should take into consideration may also involve the benefit of other shareholders.Moreover,in addition to the marriage law,company law should also be taken into account.Considering the fact that there are some drawbacks in this respect in our legislative framework,judges usually have to refer to similar cases.In economically-advanced regions,where a large number of limited liability companies flourish,there are relatively more disputes about divorce involving the allocation of limited liability company shares jointly owned by couples.Although some guiding opinions play a role in some of these areas,they are not unanimous.To deal with such cases,the judges in the underdeveloped areas have to refer to similar cases,and often need to weigh and make trade-offs between different practices of different courts,which is quite a waste of time and energy.There are different opinions on the nature and the contents of shares when being referred to as the common property of husband and wife,while the lag of legislation has counteracted on practice.In such a case,the essay studies a series of problems involved in the allocation of the shares of the limited liability company in divorce proceedings and hopes that through the study,recommendation could be made to promote the perfection of legislation and the unification of judicial practices,thus to provide reference for judges to deal with such cases and to remodel the parties' psychological expectations in such cases.The essay makes a comprehensive use of empirical research,literature analysis,comparative analysis and other research methods.Unlike previous studies,the paper researches on not only specific cases,but on all cases of the segmentation of limited liability company shares in divorce proceedings during a certain time span.It induced a series of problems reflected by the overall analysis of all the cases mentioned above and several specific cases.At the same time,it analyzed and enumerated the defects of the marriage law itself in the process of splitting the limited liability company shares in divorce,and the problems that marriage law and company law cannot effectively link up in dealing with such cases.Asking questions naturally is to solve it.Based on the analysis of the nature of the shares,the essay found out that they are a kind of independent civil rights,which exist in the form of value of property rights,thus clearly stated that what the couples own jointly is the value of the limited liability company shares.Introducing the relevant foreign practices but not simply copying the foreign experience,the paper came up with legislative and judicial suggestions adapting to China's economic and social development,such as establishing a common share system,clearing the content of common ownership of the shares in the marriage law and company law,bringing in the agreement before and after marriage,guiding the parties to apply to the courts to search evidence,taking coercive measures if necessary,making reasonable use of property preservation and evidence preservation,strengthening mediation and the enforcement of judgment,etc.The limitations of the paper and the possible directions of the future research are elaborated in the conclusion part.