S Of Transfer Of Equity Rights Of Limited Liability Company By One Party Of Couple

With the development of market economy,great changes have taken place in kinds of personal wealth which varies from personal property,real estate to stocks.Stocks is a kind of special property because on the one hand,it consists of rights like voting that is closely linked to shareholders and transferable rights like getting profits from company,which makes it different from other kinds of property.As a result,much ink has been spilled upon whether it belongs to joint estate of couple.There is no analysis of cases in research paper available.Therefore,this paper has tried every effort to find available cases and try to find differences between them and thus identify the practice of court.This paper also found that there are generally two ways dealing with such problem-one based on commercial principle and one based on civil principle.In order to get rid of unfairness from application of different ways.This paper believes that it is the best way to treat one party as shadow shareholder and then it gave some detailed suggestions and analyzed applicability of them.In the first part,this paper started from available cases and compared the data.Then,it identified two ways of practice after the analysis.In the third part,it tried to find key factors of available cases.At last,it will give some suggestion on how to complete ways of dealing with this problem.This paper believes it will give some guidance on how to deal with this kind of problem in the future.