Research On The Equity Division Of Limited Liability Companies In Divorce Litigation

Equity is a comprehensive right that combines personal and property rights.The division of shares in divorce litigation involves the interests of shareholders’ spouses,other shareholders of the company,as well as the stability of family,business,and social order.Due to insufficient legal regulations,different legislative spirit,and different judicial thinking in China,there has been a constant debate on how to divide the equity of limited liability companies in divorce litigation,and there are cases where different judgments are made in the same case.Therefore,it is necessary for us to pay sufficient attention to this issue and conduct in-depth research.This paper consists of four parts:Chapter 1 studies the fundamental issues of equity in limited liability companies,including the concept and nature of equity,as well as the legal basis for equity to become joint property of spouses and the division method of joint equity between spouses.Chapter 2 studies the judicial status of equity division of limited liability companies in divorce litigation through case analysis.Chapter 3 explores the types of disputes over the division of equity in limited liability companies in divorce litigation,including whether the pre marital and post marital appreciation of the equity held by one spouse belongs to the joint property of the couple,whether the non shareholder spouse obtains property rights or shareholder qualifications,how to divide the equity,the treatment of equity in a one person company during divorce,and the treatment of equity in a company established with joint property of the couple during divorce.Chapter 4 proposes countermeasures for improving the equity division of limited liability companies in divorce litigation,including improving relevant legislation,clarifying the principles of equity division,establishing an equity value evaluation system,and strengthening the protection of the rights and interests of vulnerable parties.