Research On The Division Of Common Equity Between Husband And Wife In Divorce Proceedings

At present,there are obvious disputes about marital divorce equity division in our academic circles and judicial practice.The reason why these disputes arise is that cases involving marital equity division are of a certain complexity in divorce proceedings,and the legislation on this issue is relatively vague and can not provide clear guidance.If the civil law takes the protection of the parties’ autonomy as its first priority,The law of the Company law focuses on the maintenance of commercial transactions,highlighting the principles of efficiency priority and protection of corporate interests.The division of divorce equity between husband and wife involves several laws,which also leads to the inconsistent results of the people’s court in handling such cases.Therefore,the author makes an in-depth exploration of the division of equity in divorce litigation between husband and wife,clears out related concepts,summarizes the different practices of judges in judicial practice,and strives to balance the thinking of commercial affairs and the penetrating thinking in civil law,in order to enhance the judicial credibility of our country.In this paper,the division of joint ownership of husband and wife in divorce proceedings as the object of study,problem-oriented,and countermeasures for the results of research,this paper tries to provide a practical basis for the construction of the system by studying the literature,clarifying the viewpoints of the theory,analyzing the cases and comparing the systems at home and abroad,also for the balance between husband and wife,husband and wife and between the interests of the company,shareholders to make their own recommendations.This paper is mainly divided into the following parts: the first part of the topic from the background leads to the object of study,and research results at home and abroad to read,indicating the purpose of writing.In the second part,the author introduces the basic theory of the division of joint ownership of husband and wife,clarifies the standard of the confirmation of joint ownership of husband and wife,and the principles to be followed in the division of joint ownership of husband and wife in divorce.The third part introduces the current situation and existing problems of legislation and judicature respectively,case searches and statistical charts show the distribution of People’s Court judgments that identify joint ownership as common property,the large share of split shares in Split shares,and the common ways in which courts assess the value of shares.After summarizing and analyzing,this paper puts forward some problems such as unclear scope of share right,practical dispute,conflict of interest and unsound mechanism of value evaluation of share right when the court hears the case of division of share right of husband and wife,these problems are lack of unified guidance,therefore,the phenomenon of different judgments in the same case is not uncommon.In the fourth part,the author chooses some representative countries’ regulations about husband and wife’s share right division,and draws on the experience of husband and wife’s share right division abroad,in order to provide guidance for our country’s relevant system.The fifth part of the author from the above practical problems,combined with the basic theory of the division of joint ownership of husband and wife and foreign experience,to clarify the scope of joint ownership of husband and wife,to determine the effectiveness of unilateral transfer of shares of husband and wife,to balance the interests of the family and the interests of the company,and finally to improve the equity value assessment mechanism,expect to be able to divorce proceedings in the division of joint stock of husband and wife to propose more ways to improve the issue.In addition,compared with the limited liability company,the equity mobility of the joint-stock company is very strong,can be arbitrarily divided,basically does not involve the consent of other shareholders and the right to preemption.Therefore,in judicial practice,the legal relationship of joint-stock company is relatively simple to apply and practice,and there is no obvious dispute.