On The Equity Of A Limited Liability Company Contributed In The Name Of One Spouse Issues Of Attribution And Division

This article takes the equity acquired based on the joint property of the spouse and registered under one of the spouses during the marriage period as the research object,and attempts to analyze the ownership,exercise and division of the three major issues of the ownership,exercise and division of the equity from the cross perspective of marriage and family law and commercial law,and clarify The relationship between marriage and family law and commercial law.The first part is to identify the ownership of equity.This article believes that equity belongs to the joint property of the husband and wife,or that the joint equity of the husband and wife is not the value of the shared equity.It should be realized that although equity is a special right in the commercial field,the company law does not make special provisions on the ownership of the equity acquired by one spouse after marriage.At this time,the marriage and family law and the company law are not two departments under the same legal relationship.Law,there is no special priority over general rules.In addition,in the judgment of equity ownership,the legal relationship between husband and wife property in the marriage and family compilation is applied,and it does not conflict with the compliance with the commercial law.When the static equity ownership is confirmed in the legislation and the dynamic equity exercise and division Separately,the recognition of equity as the common property of husband and wife does not hinder the stability and order of the company’s internal operations,the cooperation and trust relationship between shareholders,and the efficiency and safety of social transactions.Therefore,the judgment of equity ownership should be returned to the Marriage and Family Law,and the joint system of income after marriage should be applied to resolve it.The second part follows the conclusion of the first part,and discusses the two major difficulties in the exercise of joint equity based on the recognition of equity as the joint property of husband and wife.First of all,on the basis of the joint equity of husband and wife,as far as the company is concerned,whether the husband and wife should jointly exercise the equity is a matter of the company’s confirmation of shareholder qualifications.Therefore,the spouse of a non-shareholder is not recorded in the shareholder register and may not claim various shareholder rights from the company.Secondly,does the shareholder’s spouse dispose of equity without authorization?The transaction spouse disposes of joint property without the permission of the other party is actually a major drawback of the joint system of income after marriage-the balance between the protection of joint property and the safety of third-party transactions is reflected in specific property.This article attempts to solve this problem by establishing a complete management system.Combining Article 1062,paragraph 2,and Article 1060,paragraph 2,in principle,husband and wife should share common property.In exceptional cases,it is mainly management behaviors required by the family’s daily life,and both parties enjoy separate management rights.At the same time,the second paragraph of Article 1060 can be interpreted as similar to the presumptive management of Texas in the United States-when the transaction spouse enjoys the appearance of rights and the counterparty trusts this appearance in good faith,it is presumed that the transaction spouse enjoys separate management and the transaction is effective.Accordingly,as an important property of the family,equity should be jointly managed by both spouses.When the counterparty trusts that the shareholder’s spouse has independent management rights and deals with it,it can oppose the nonshareholder spouse.The third part focuses on practice,focusing on common equity division disputes in divorce proceedings.This is mainly reflected in two aspects.One is the dispute over the amount of shares held.If the two parties cannot reach an agreement on the share of the shares,in principle,the shareholder’s spouse enjoys the company’s equity,and the other party is financially compensated.The second is the dispute over the holding price.When the two parties are unable to negotiate a definite equity price,the court has the responsibility to assess the value of the equity on its own.If the parties request other methods including equity transfer,judicial auction,and bilateral bidding to confirm the price,it is not impossible.In short,in divorce cases,the court should follow the principle of balancing the equality of husband and wife in marriage and family with the principles of promoting business maintenance and commercial efficiency in the regulation of commercial law.