Research On Equity Division Of Limited Liability Company In Divorce Litigation

Marriage litigation is always the most complicated case in the family court,and when the property dispute involves the division of shares in a limited liability company,the judge who hears such cases is often trapped in the trial due to the lack of clear judgment basis.In the case of husban-wife division limited liability company,the most common case of disputes about the equity is: during the period of marriage,the couple’s joint property is used for investment,and the equity is only registered in the name of the spouse.Such cases not only concern the division of the couple’s joint property,but also involve the interests of the limited liability company.The provisions on this issue in the marriage law and the company law of China are relatively vague,and the judges’ judgment thinking is quite different in trying such cases,which makes the cases of stock right division often have different judgments in the same case,and the rights and interests of the non-shareholding spouse cannot be protected.The share division of the husband and wife’s joint limited liability company has become an increasingly difficult problem in the divorce proceedings,which needs to be further improved to balance the interests of all parties.This paper mainly studies the case of equity division registered under the name of only one party during the period of marriage when the couple’s joint property is used for investment.The full text will from the husband and wife share equity division of the three issues are discussed respectively,a total of three chapters.The first part is about the determination of equity as the joint property of husband and wife.Through the specific case,it is pointed out that whether equity ownership in the common property of husband and wife in the judicial practice is controversial,from the point of view of legislation and legal theory analysis of the equity as the cause of the common property of husband and wife difficulties mainly for the lack of legal basis,basic concept of mixed,and disputes in theory,through the legal analysis has been clear about the equity ownership in the common property of husband and wife,suggested that establishing the system of "dormant shareholder" as a couple of equity of common mode,and in the "marriage law" legislation.The second part is about the division of the husband and wife’s share rights.Firstly,this part summarizes and summarizes the current judicial situation of shareholding division,and points out from specific cases that the main problems existing in the shareholding division of husband and wife are that in judicial practice,judges prefer to protect the legal interests of the company law,and the interests of the non-shareholding spouse cannot be well protected.In addition,the paper analyzes the causes of the difficulties in the division of the couple’s joint stock rights from the perspective of the application of the law and the judgment thinking,and makes clear that the essence of the division of stock rights is actually the transfer of stock rights.Finally,combined with the legislative example of this problem and the relevant institutional investigation abroad,the paper puts forward some Suggestions to improve the share division between husband and wife.The third part is about the technical problem of the share division between husband and wife.This part points out some difficult judicial technical problems in the process of trial of such cases through specific cases,and complements and improves such technical obstacles as the distribution of burden of proof,the evaluation of equity value,and the judge’s interpretation right in the process of breaking through the division of marital joint stock rights.