Division Of Shares Of A Husband And Wife In Divorce

With the prosperity and development of capital market,the form of conjugal property has broken through the traditional form of property and tends to diversify.Equity,as an economic product of the new era,has also become the direction for couples to invest and manage money.But different from the general property,equity has its own uniqueness,not only has the property nature,but also has a strong personal character.Divorce couples' equity division is of great significance.From the perspective of social benefits,the separation of husband and wife equity is not only the stability of the family,but also the harmony of the society.From the economic benefit,the split share of the divorced husband and wife is related to the management and development of the enterprise.At present,China's legislation on the division of the share ownership is too principled,but there is no provision for whether the husband and wife equity can be used as a division of marital property.There are different views on divorce segmentation between divorced couples in academic field,and there are differentways of segmentation under different theories.How to realize the reasonable division of the shared shares of the husband and wife,and take into account the legitimate rights and interests of the couple's own property and the legitimate rights and interests of the other shareholders of the company,has become a major problem in the judicial trial.Starting from the trial practice,combined with different types of companies,this paper proposes a specific plan of equity segmentation.In view of the freedom of the Limited by Share Ltd share transfer and the relatively simple share division,there is no big controversy in the trial practice,and the limited liability company's stock transfer is limited by the company's human nature,and the share division is more complex,so the author only analyzes the split of the shares right of the couple in the limited liability company.The predecessor has already made some theoretical achievements on the division of the share interest between husband and wife.The author hopes to take a clearer grasp of the characteristics of the joint stock ownership by trial cases,and provide a more feasible segmentation method for judicial practice.This paper is divided into four parts: the first part is the question.Through the two cases of the split share of the divorced couples in the judicial practice,this paper analyzes the court's justification for the different handling of the same legal relationship,and leads to the argument that whether the shares can be divided as the common property of the husband and wife.Secondly,we generalize the different theories of equity and make a theoretical judgement on whether the share ownership of husband and wife can be divided.Finally,we further analyze the essence and legal basis of Divorce Couple's equity.The second part analyzes the related legislation ofsplit share between divorced couples at home and abroad.Based on the comparative study of Germany,the United States and France,this paper explores the design principles of split share ownership system in other countries.From the property system and the existing rules,we analyze the share ownership of divorced couples,summarize the shortcomings of our existing system,and propose a new system plan.The third part,combining the characteristics of different types of limited liability companies,that is,the common limited liability company,husband and wife company and one person limited liability company,from the perspective of the rules to solve the common problems in the trial practice of various types of companies,including the application of the right of preemption,the identification of the proportion of the business registration,and so on.Thirdly,according to the characteristics of the company,we propose a specific segmentation plan.In the fourth part,this paper makes a summary of the common divorced couples' equity division.This paper analyzes the difficulties of non-shareholder protection,the difficulty of nonshareholders' proof and the difficulty of equity valuation,and puts forward some pertinent suggestions.