| At present,the joint property of husband and wife in the country is showing a variety of forms,and investing in the establishment of a company or buying equity in other companies has become a new investment method and has begun to integrate into the life of husband and wife.The equity that should belong to the "Company Law" is intertwined with marriage and family.Once a divorce dispute is involved,the division of the equity part will make the division of the joint property of the husband and wife more complicated.The current "Civil Code Marriage and Family Edition" and judicial interpretations on the division of equity in the case of divorce still cannot systematically solve many problems arising in practice.This article mainly takes the limited liability company as the investigation object,and discusses the division of husband and wife’s joint investment in combination with judicial practice.Publishing research.Equity can be divided at the time of divorce if it belongs to the joint property of husband and wife.First of all,it is necessary to clarify the inherent property right attributes of the equity itself,and recognize that it exists in a common state,and the self-benefit rights and the common interest rights are inseparable.Based on this,combined with the theory of the common system of income after marriage,in the case of divorce,the equity should be divided as a complete whole,instead of simply distributing the property interests represented by the equity.Secondly,it is necessary to clarify the identification standards and division scope of the joint equity of husband and wife.During the existence of the marriage relationship,the equity obtained by investment in common property,the equity obtained by accepting gifts from others or obtained through inheritance,the equity jointly agreed by both parties,the income generated from the equity rights mentioned above shall fall within the scope of division of the joint equity rights of husband and wife.In order to reduce the division of joint property between husband and wife,the government decided to transfer joint property without the consent of the registered spouse to distinguish between burden and disposition.The equity transfer agreement is binding on both the spouse of the registered party and the equity transferee,but the final effect of equity changes needs to be determined in accordance with the marital law’s coownership theory and equity ownership change rules.In a limited liability company,there are various forms of joint equity between husband and wife,and the interests involved in the division of equity in different forms are different.The essence of equity division can be regarded as a special kind of equity transfer,which not only conforms to the provisions on the division of common property in the marriage law,but also follows the norms of the company law.Whether the spouse of the nonregistered party can directly enter the company based on the division of the common equity should be handled in accordance in order to balance the interests of both spouses and maximize the overall interests of the company,regulations on external transfer of shares.This article will make a systematic analysis of the division of husband and wife’s joint capital in divorce.To provide a complete opinion on the effective relationship between the division of the husband and wife’s joint contribution and the actual corporate law realm. |
