Research On The Ownership Of Shares Under The Name Of One Couple

The ownership of the stock rights contributed by the joint property of husband and wife and registered under the name of one party of the couple has always been controversial in the theoretical circle,and there is no conclusion about whether it is co-owned by the couple.This not only becomes a major problem of the partition of stock rights when getting divorced,but also involves an interest conflict between the spouse who is not registered and the creditor of the spouse who is registered.When the partner who is registered applies for the enforcement of the stock rights connected with the case registered under the other partner,whether he or she can exclude the enforcement under the name of joint-owner of the stock rights is not clearly stipulated by the law,and juridical practices are also different.Beginning with a real case,this thesis will determine the ownership of stock rights registered under one party of the couple from aspects of the joint objects,the connotation of husband-wife jointly possessed property system,and the nature and characteristic of stock rights,and fully analyze the interest conflict between the creditor of the spouse who is the shareholder and the other spouse who is not the shareholder,as well as its solutions.The thesis falls into six parts apart from the introduction and conclusion.The first part introduces the basic information of the case and comes up with the focuses of dispute.Two focuses of dispute are got through the analysis: first,whether Yang Xingmo's share of Zunyi Xingmao Real Estate Development Co.,Ltd.is the joint property of husband and wife;second,whether half of the stock rights owned by Yang Xingmo's spouse can exclude the protection measures and enforcement measures of the registered shareholder Yang Xingmo initiated by the creditor.Thus,the theme,i.e.the ownership of stock rights registered under one party of the husband and wife,will be introduced by the two focuses.The second part defines the stock rights registered under one party of the couple.In terms of time,the stock rights registered under one party of the couple include those which are obtained before the marriage and those after the marriage,and the latter can further divide into four types with respect to the methods of obtaining.The definition of the stock rights registered under one party of the couple aims to show that the key object of this analysis is the stock rights contributed by the joint property of husband and wife and registered under one party of the couple.Part Three is the theoretical analysis of the first focus of dispute in the case.First,the thesis summarizes the academic debate of whether the stock rights registered under one party of husband and wife is jointly owned by the couple,and then presents its own views and reasons.Second,whether the stock rights registered under one party of the couple can be co-owned by the husband and wife is analyzed and demonstrated from various perspectives of the joint objects,the nature of stock rights and the characteristic of stock rights.Besides,what should be jointly owned by the couple is also discussed.The next part deals with the second focus of dispute.The interest conflict between the spouse who is not registered and the creditor of the spouse who is registered is firstly discussed,intending to make it clear that this conflict is not expressively stipulated by the law and there also exists an inconsistency in judicial practices.Then,different views proposed by different scholars are analyzed based on this inconsistency.Some scholars hold that the stock rights registered under one party of the couple cannot be fully enforced according the principle of stock rights ownership,while some believe it can be fully enforced based on appearance of right theory.Therefore,the analysis of various theoretical views is helpful to resolve the interest conflict between the spouse who is not registered and the creditor of the spouse who is registered.Based on the former parts,the fifth part makes a conclusion of this study.First,the stock rights of Yang Xingmo of Zunyi Xingmao Real Estate Development Co.,Ltd.registered under his own name does not belong to the joint property of husband and wife.Second,half of the stock rights owned by Yang Xingmo's spouse,Cao Hui cannot exclude the protection measures and enforcement measures of the registered shareholder Yang Xingmo initiated by the creditor.The last part is the reflection and suggestions on the improvement of the stock rights registered under one party of the couple in China.On the basis of the discussion of the theoretical views of whether the stock rights registered under one party of husband and wife is co-owned by the couple and the interest conflict between the spouse who is not registered and the creditor of the spouse who is registered,the study further points out the problems of the stock rights registered under one party of the couple existed in legislation and judicial practices and offers some advice on the registration system of husband and wife jointly possessed property,the function of appearance of right on the enforcement,and the cross-application of law,aiming to help solving the problem of the ownership of the stock rights registered under one party of the couple.