The Legal Analysis On The Equity Segmentation Of Limited Liability Company In Divorce

The growth of social economy makes the manifestations of social wealth increasingly diversified,and the types of social wealth are also more abundant.At present,with the diversification and enrichment of family assets,equity has gradually become a significant segmentation target for the separation of family property of divorced couples.However,equity as a new kind of civil rights is the unity of property rights and identity rights.The division of shares and the division of joint property of husband and wife,such as real rights and creditors,are not exactly the same.They involve not only the division of property rights,but also the adjustments and changes of non-property rights.According to the current legal provisions of our country,in general,a joint stock limited company,as a joint-stock company,shares of the company can be freely transferred,and the division of shares in the division of divorce assets is less controversial.The limited liability company is a unity of humanity and equity,the trust interests of the corporate shareholders,the maintenance of the corporate shareholding structure,the stability of the corporate operation and management structure,and the protection of the safety and efficiency of commercial transactions are all matters to be considered in the separation of husband and wife divorce of stock rights.The essence of equity division is equity transfer,which usually involves changes in the shareholder's shareholding in the original shareholder and the adjustment of the shareholder structure.Whether the equity can be divided as the common property of the husband and wife and how to divide and deal with it are both the focus and the difficulty in theory and practice.In practice,the diversity of equity assets also makes the division of divorce stock rights more complicated.However,there is no clear and detailed stipulation on this issue in Marriage Law and Corporate Law and their judicial interpretation in China.There are also different views and opinions on this issue in the judicial practice,which has encountered many difficulties in the handling of such cases,leading to different results in judicial trials in such cases.What's more,even if between the lower and upper courts,there are different trial results for such cases in the judicial practice.The introduction,text and conclusion constitute the logical order of writing.The introductory part of the thesis mainly introduces and explains the social age background of the writing of the thesis,the research value and significance of the problem,the review of literature for the study of the research,the structure of the writing,and the methods for carrying out research on related issues.The thesis consists of three parts:The first part is the legal analysis of the separation of the husband and wife in divorce.Explaining the dispute over the divisibility of equity in current divorce proceedings.The nature of equity,the difference and connection between equity and shares,capital contribution,and the comparative analysis of husband and wife legal property system and commercial registration system.During divorce,equity division is different from the division of common property of husband and wife,such as property rights and creditor's rights.The essence of equity division is Equity transfer,legal analysis of whether the equity can be divided as the joint property of the husband and wife.In the segmentation process,the equity must be combined with the facts of the case,accurately distinguish the internal relationship from the external relationship,and comply with the rules of the company law concerning equity transfer and commercial registration.The second part analyzes the practical problems of divorce stock rights separation.To introduce the legal issues and difficulties in the legal issues and practices of the prenuptial equity,such as the issue of the value-added after-marriage return of the prenuptial equity,the effectiveness of the transfer of the equity assets of the husband and wife property,and the validity of the pledge of the joint equity pledge of the husband and wife.Comment and analyze and discuss various situations.The third part is to improve the division of equity in limited liability companies in divorces.In regard to the controversies and problems concerning the division of divorced couple's equity in the former literary theory,legislation,and conduct research on various situations and carry out corresponding legal analysis.The last part,as the conclusion,contained the summary of this thesis and the prospect for the future research in this regard.