| Divorce proceedings in the most difficult to deal with than a division of property,and both sides of husband and wife for division of property tend not to give in,as the business surroundings of optimization and the increase of social wealth,family can choose investment way more and more diverse,many couples choose to create enterprise joint ownership,or one person in the business of husband and wife,another person is not involved in the form of company operation.In the divorce property division,the division of the couple’s common equity is a difficult problem in judicial practice.Different from general property,the value of equity needs to be judged by combining the opinions of the parties and market changes,which involves a wide range of people.To get around these potential puzzles of the division of the common equity of husband and wife properly,it will not have a great impact on the normal operation and commercial activities of the company,and even help to clarify the ownership of the equity and the company’s equity structure.In the divorce proceedings,the unclear equity division will not only adversely affect the company’s commercial policy.,but also make the outside world lose trust in the company’s production and operation because of the protracted property division war,and cause damage to the rights and interests of other shareholders,especially in the limited company.Therefore,the research on the related issues of joint equity division in divorce is helpful to clarify the controversial issues and division methods in such cases,and also hope to reduce disputes caused by uneven property division between husband and wife.This article through the selected case,and introduces the controversial focus of the case,the analysis of both spouses when divorce in participation segmentation was stake could face legal problems,especially the scope of joint equity segmentation and how to break up,through legal database on a large number of related cases are collected,summarized the judge couple of equity division of different judges opinion and as a result,In order to solve practical problems.In divorce cases,the determination of the nature of the contested common equity is the basis for judging the proprietary rights of the equity,so the elucidation of the property of the equity in the joint property of the couple and the determination of the scope of the dispute has become the key to solve.In judicial practice,the determination of the nature of equity,whether it can be divided by judgment,and how to divide the common equity of husband and wife are all important issues for judges to make a clear judgment.Through the analysis of judicial cases and legal provisions,if come to the conclusion that equity can be regarded as the common property of husband and wife,then under the different type of company should be how to divide common equity is worthy of our focus,using different method,but by separating ownership property rights is a principle,direct equity segmentation for the exception.When dealing with the equity division of divorce limited company,we should also pay attention to prevent the damage to the rights and interests of other shareholders.Only by adjusting the thinking of hearing cases according to the practical situation can static laws and judicial interpretations operate smoothly in real life. |
