Analysis On The Typical Dispute Over The Stock Equity Registered Under One Spouse

According to the provisions of company law in our country,the equity of a limited liability company can only be registered under a single subject,while the provisions of marriage law,if there is no special agreement between husband and wife,the joint property system after marriage is implemented.So during the marital relations,when one couple uses the common property to invest and only registered in the name of one party,it's difficult to identify the ownership of the stock.There are two different perspectives in theory and practice.When the registered party transfer equity to third parties,the unregistered party takes the shares are common property of husband and wife,so the registered party can't transfer it without his or her consent and requests the court to determine that the equity transfer agreement is invalid.But concept of the judge usually has an effect on the way of dealing with these cases,judges upholding the concept of commercial efficiency advocate the application of company law to deal with disputes over equity transfer,while judges adhering to the traditional civil concept advocate the application of the property law to deal with it,which causes different terms to phenomenon.In order to solve this problem,via comparing and analyzing three similar cases and find out the controversy of such case and the unified path to solve such disputes.On the basis of affirming that the shares is one kind of property,we take the shares funded by the common property of a couple is common property of the husband and wife,so the registered party doesn't have the right to transfer the shares without the unregistered party's consent.But when the acquiring party is in good faith and paid a responsible payment,it can obtain the shares.Unauthorized disposition has no influence on an equity transfer agreement.